Lawsuits filed against ‘harmful and haphazard’ H-1B visa rules
THE US Chambers of Commerce and the National Association of Manufacturers (NAM) are among several individuals and organisations who have filed a lawsuit against US president Donald Trump administration’s rules relating to the H-1B visa which is highly sought after among skilled migrant workers from India.
The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. It is most used to employ Indian IT professionals.
Earlier this month, the Trump administration announced new restrictions on the H-1B program, saying it was aimed at protecting US workers, restoring integrity and to better guarantee that H-1B petitions are approved for only qualified beneficiaries.
Under the new rules, authorities can enhance compliance through worksite inspections and monitor compliance before, during and after an H1-B petition is approved. Companies will also be required to make “real” offers to “real employees,” by closing loopholes and preventing the displacement of the American workers.
Seventeen individuals and organisations, including universities and businesses, in their lawsuit, have challenged the US Department of Labour’s recent rule on wages related to H-1B visas.
The lawsuit filed by the US Chambers of Commerce, NAM and several other organisations in the Northern District of Columbia on Monday (19) alleges that “harmful and haphazard rules on H-1B visas”, if left in place, would affect hundreds of thousands of American-based workers and disrupt manufacturers’ ability to hire and retain critical skilled talent.
“The rules being implemented by the Department of Homeland Security and the Department of Labor undermine high-skilled immigration in the US and a company’s ability to retain and recruit the best talent,” said US Chamber CEO Thomas J Donohue.
“We need high-skilled innovators now more than ever, and the administration’s attempt to rush these rules forward without properly considering their impact on thousands of people on the front lines of developing vaccines and treatments and making critical supplies, as well as saving lives in our hospitals, could have devastating consequences at a critical moment in our history,” said NAM senior vice-president and general counsel Linda Kelly.
Early this month, the Department of Labour published a rule to identify wage levels for H-1B holders and other foreign labour programmes. It will limit an employer’s ability to replace workers with cheap foreign labour and help ensure wages are not suppressed by the presence of lowcost foreign workers, the White House argued.
Among those who have filed the lawsuit are Purdue University, University of Michigan, University of Denver, Chapman University, Bard College, International Institute of New England, Information Technology Industry Council, Arizona State University, Scripps College, Northern Arizona University, Indiana University, Study Mississippi, Dentists for America, Physicians for American Healthcare and Hodges Bonded Warehouse.