December 3
A Federal judge has thrown out Trump’s H-1B and high prevailing wage regulations.
The prevailing wage rule, proposed by the Department of Labor (DOL), was implemented in October, while the DHS rule for specialty occupation and limited validity of H-1B visas for third-party firms was to take effect Monday, Dec. 7, 2020.
Just days before significant restrictions on H-1B visas were due to go into effect, Judge Jeffrey White declared that USCIS and Department of Labor regulations failed to follow transparency procedures and so did not meet the legal requirements for an Interim Final Rule.
Not surprisingly, the same judge shot down a similar Presidential Proclamation that attempted to restrict still further the H-1B visa process, on the same grounds.
An Interim Final Rule circumvents the normal notice and comment process that regulations use to allow stakeholders to weigh in on how a new regulation may impact them. An agency is then required to review and address any comments.
In order to proceed without carrying out that normal process, the reasons behind any Interim Final Rule must meet high standards, such as proving a national emergency. In this case, however, the government could not prove sufficient evidence of such an emergency, as the Trump Administration’s arguments were focused on protecting the domestic economy following the COVID pandemic, which did not satisfy Judge White.
Two other lawsuits in New Jersey and Washington, D.C., remain pending on the same type of issue. This is emerging as a common pattern for the Trump Administration that has used a strategy of imposing its political will over the nation’s long-standing legal process. The courts have routinely denied such proclamations and regulations.
You can read the Order in full here: https://www.courtlistener.com/recap/gov.uscourts.cand.367484/gov.uscourts.cand.367484.73.0.pdf
Further information on the case from the Chamber of Commerce website: https://www.chamberlitigation.com/cases/chamber-commerce-v-us-department-homeland-security
Recent Immigration Articles
Check out these articles below
Gold Card Visa Program Overview The Trump administration’s Gold Card visa program—granting permanent U.S. residency in exchange for a $5 million investment—marks a significant policy shift from the EB-5 system. Unlike the EB-5 program, which required investments tied to job creation, the Gold Card prioritizes wealth over employment impact. While it mirrors “golden visa” programs
Read MoreFormer President Donald Trump’s immigration policies have sparked extensive debate, eliciting both support and criticism. While discussions have largely centered around illegal immigration and border security, it is important to recognize how Trump’s administration also introduced initiatives with potential benefits for legal immigration. Merit-Based Immigration A notable aspect of the Trump administration’s immigration strategy was
Read MoreHow to Prepare for the FY 2026 H-1B Registration Period To ensure a smooth and successful H-1B registration process, employers and legal representatives should take the following steps before the registration window opens on March 7, 2025: 1. Set Up or Update Your USCIS Account New Users: Create an organizational account on the USCIS online
Read MoreAttorney Sidebar Immigrant Voices in Action Pros Clearer EB-2 guidelines Streamlined NIW process Opportunities for entrepreneurs Flexible case evaluation Cons Stricter evidence rules Higher scrutiny on NIW No automatic approvals tronger job relevance check Quick Fact: On January 15, 2025, USCIS updated its NIW policy, clarifying how skilled professionals and entrepreneurs can qualify for a
Read More