US court blocks 2 H-1B visa rules proposed by Trump administration

The court cannot countenance — reluctantly or otherwise - defendants’ reliance on the Covid-19 pandemic to invoke the goodcause exception. JEFFREY S WHITE, US district judge

WASHINGTON: A US judge threw out two rules proposed by the Trump administration to narrow eligibility for H-1B visa aspirants and raise their salaries in an effort to make it tougher for companies, mostly in IT, to use the short-term route to hire foreigners instead of Americans.

US district judge Jeffrey S White of the Northern District of California ruled on Tuesday that the changes were introduced in a hurry and did not abide by the usual transparency obligations: provide notice and sufficient time for public comments. The administration had sought to rush it i n October arguing urgency - as a “good cause exception” - in view of the Covid-19 pandemic. “The court cannot countenance - reluctantly or otherwise - defendants’ reliance on the Covid-19 pandemic to invoke the good-cause exception,” White wrote in the ruling.

The first rule from the Trump administration had raised salaries for H-1B holders to match those of American workers with similar qualifications. The second rule sought to narrow eligibility for H-1B aspirants: a basic bachelor’s degree wouldn’t be enough for an IT job.

The US issues 85,000 new H-1B visas every year. More than 70% of them go to Indians hired by US companies and Indian IT services firms. “This ruling has many companies across various industries breathing a huge sigh of relief today,” Jon Baselice, director of immigration policy for the US Chamber of Commerce, said in a statement.