High Skilled Labor
District Court Stops Regulations Restricting the H-1B Visa Category
On December 1, a federal district court judge disrupted the Trump administration’s relentless attack on legal immigration by halting two new sets of regulations. The U.S. Chamber of Commerce and others challenged interim final rules issued by the U.S. Departments of Homeland Security (DHS) and Labor (DOL) impacting the… Read More
Practice Tip: The Government Answered a Complaint Alleging Administrative Procedure Act Violations – Now What?
This practice tip responds to a frequent question from attorneys new to federal court litigation who filed a lawsuit claiming the government violated the Administrative Procedure Act. Read More
Lawsuit Now Covers Hundreds of H-1B Petitions for Market Research Analyst Positions Filed by American Businesses
A federal judge has granted class certification in MadKudu Inc., et al. v. USCIS, et al., a lawsuit challenging U.S. Citizenship and Immigration Services’ pattern and practice of arbitrarily denying H-1B nonimmigrant employment-based petitions for market research analyst positions filed by businesses in the United States. Read More
USCIS Is Proposing an H-1B Rule That Ignores Why the Category Exists
U.S. Citizenship and Immigration Services (USCIS) recently issued a proposed rule that will change the way it selects the registrations of U.S. employers that want to file H-1B petitions subject to the annual “cap.” USCIS will now give preference to jobs with the highest wages. But the law establishing the… Read More
Council Submits Amicus Brief Challenging Agency Failure to Undergo Notice and Comment Rulemaking
The Council filed an amicus brief supporting plaintiffs’ preliminary injunction and summary judgment motion that the government did not satisfy the stringent requirements necessary to sidestep notice and comment rulemaking. Read More
Letter Opposing the Department of Labor’s High-Skilled Wage Rule
The letter explains why the Interim Final Rule does not protect U.S. workers and directly interferes with an employer’s ability to obtain the H-1B workers it needs and outlines six reasons why the Interim Final Rule should be rescinded. Read More
Three New Lawsuits Challenge Trump’s H-1B Worker Restrictions
Three new lawsuits have been filed challenging the Department of Labor’s (DOL) new rules impacting the H-1B visa category, with one also challenging the Department of Homeland Security’s (DHS) new H-1B rule. The complaints argue that the new H-1B rules will make it near impossible for many U.S. businesses to… Read More
Foreign Student Admission Restrictions Hurt America’s Leadership in Innovation
The proposal would negatively impact American colleges and universities and foreign students seeking a higher education degree in the United States and have long-term effects for the legal immigration system. Read More
Restrictions on Foreign Workers Will Hurt America’s Recovery From COVID-19
The Trump administration issued two rules October 8 that, if not overturned, will further restrict legal immigration. The Department of Homeland Security (DHS) issued the first rule, which only applies to H-1B workers. This rule further limits an employer’s ability to demonstrate that its job is in a “specialty… Read More
Summary of Proposed Changes to Student and Exchange Visitor Admissions Process by DHS
This document provides a summary of the Department of Homeland Security’s September 25, 2020, Proposed Rule, “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media.” The summary explains the changes DHS is proposing… Read More
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