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Court Protects H-1B Workers, A Victory For Economic Development

Updated: Jan 14, 2021

Since the beginning of the month, at least three federal courts have handed down adverse rulings in connection with Administration policies that harm H-1B visa program stakeholders.

These visas allow U.S. companies to employ foreign workers in specialty occupations temporarily.

In Purdue University et al. v. Scalia, the judge ruled that the Department of Labor (DOL) breached the Administrative Procedure Act (APA) in attempting to publish a rule to inflate the required minimum wage for employment-based immigrants without opening it for public comment. In the second case, a federal judge set aside the proposed DOL regulation to increase the required salary for employment-based immigrants by 40-50%.(Such an increase far exceeds the wages of comparable U.S. workers.)In the third case, Judge Jeffery S. White overturned the Department of Homeland Security’s bid to narrow the definition of an H-1B specialty occupation.

If these policy changes were successfully implemented, they would have had a substantial impact on foreign professionals and the U.S. economy. These changes would exacerbated unemployment, disqualified thousands from obtaining employment due to artificially high wages and denied U.S. companies’ access to highly skilled labor. This would have led to more jobs being offshored and talented labor flowing to other countries. The result would have been a net loss for the U.S.

The judgements against these midnight rulings are a testament to the checks and balances in place to protect citizens and those who wish to immigrate to the U.S legally. Consistent with U.S.A.’s cherished values- regardless of the currently elected administration, their politics or policy, America’s democracy seeks to honor the rights and humanity of all people.

The tides will likely turn in the new year as we usher in the pro-immigration Biden Administration, which has announced its intention to remedy the damage done to the immigration system, and intends to accomplish this in their first 100 days in office. This is a significant challenge after the roughly 400 changes to U.S. immigration policies that were implemented during the present administration’s tenure.

Many advocacy groups are anxious to assess the Biden Administration’s efforts to address issues such as xenophobia, deportation, family separation, as well as access to asylum, green cards and a path to citizenship for illegal immigrants.

The coming year will unquestionably be fraught with even further changes to the U.S. immigration system. Follow us on social media to keep abreast of the latest news.

Twitter: @MurrayLawNJ Facebook: @MurrayImmigration Linkedin: @Dean P. Murray

We assist countless foreign nationals and we will be happy to personally assist you with your application as well. Send us an E-mail or call us at (888)354-6257. For reasons on why you should consult an immigration attorney whenever you have an immigration issue, see our page titled: Reasons Why it is Vital to Use an Immigration Lawyer.



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