The restrictions restricting H-1B visas were determined to be unconstitutional by a US federal judge because they were imposed by a Department of Homeland Security acting secretary who was unlawfully appointed to the position. On Wednesday, a US district judge rejected Trump-era modifications to H-1B visa rules that were intended to prevent American workers from being replaced by cheaper foreign labor.
The rules restricting H-1B visas were found to be invalid because they were issued under a Department of Homeland Security acting secretary who was unlawfully appointed to the position, according to Nicholas Iovino, writing in Courthouse News Service, a nationwide news service for lawyers and the news media.
According to Courthouse News Service, businesses and universities have complained that the Trump administration’s change to the H-1B visa system from a lottery that selects applicants at random to one that prioritizes higher-wage jobs will make it more difficult to hire and recruit highly skilled foreign workers and students. Workers in the tech industry, as well as doctors, accountants, academics, scientists, and architects, were all subject to the rules.
As per the Courthouse News Service, senior US District Judge Jeffery White temporarily suspended the rules in December of last year after a coalition of business groups and academic institutions organized by the US Chamber of Commerce filed to stop them.
Last year, Judge White overturned former President Donald Trump’s attempt to ban certain types of non-immigrant work visas, ruling that he had the authority to make such broad changes in a presidential proclamation. According to Iovino, the Chamber of Commerce and its co-plaintiffs stated that the restrictions were in violation of the Immigration and Nationality Act, which specifies that non-citizens should be granted H-1B visas “in the order in which petitions for such visas are filed.” The plaintiffs argued that a system that ranks and chooses visa petitions based on wage levels violates the statute’s wording.
Last June, a suspension was imposed on H-1B visas, which are used by technology firms to hire foreign coders and engineers. Biden has decided not to renew it, according to the sources, who asked not to be identified since the decision has yet to be made public. Approximately 13 US trade groups, academic institutions, and healthcare companies have sued Trump’s administration over the two new H-1B rules that were established. They believe that these restrictions are unconstitutional and arbitrary and that they will have a significant impact on the recruiting and business of Indian IT companies.
This is the third time a lawsuit has been filed against the administration. The US Chamber of Commerce, along with other parties such as the National Association of Manufacturers, the Bay Area Council, and universities such as Cornell University, has filed a third case. The guidelines should be overturned, according to the lawsuit, since they were “illegally established without notice or comment and are arbitrary, capricious, or otherwise not in compliance with the law.”