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The move is a victory for business groups, which have challenged President Donald Trump’s decisions to use the coronavirus pandemic and high unemployment as justification to quickly curb legal immigration.
“We need highly skilled innovators more than ever, and the administration’s attempt to push these rules forward without properly considering their impact on thousands of people … could have devastating consequences at a critical time in the world. our story, ”said the National Association of Manufacturers, who were part of the lawsuit challenging the new restrictions, said in a statement.
In October, the same judge blocked the Trump administration’s total ban on H-1B visas and other foreign workers, but the ruling only applied to companies represented by trade groups that had filed lawsuits. , which included NAM, US Chamber of Commerce, National Retail. Federation and TechNet.
The effort was the latest extension of Trump’s April 2017 “Buy American, Hire American” executive order, which called on federal agencies to vigorously enforce immigration laws to protect American workers.
The administration argued that the current system allowed “potential abuses” which, in some cases, “undermined the wages and employment opportunities of American workers.”
The restrictions at issue were on H-1B, H-1B1 and E-3 visas, which are frequently used by the tech industry to temporarily employ foreign workers with advanced degrees. The changes were published in two rules by the Ministry of Labor and the Ministry of Homeland Security in October.
The DHS rule, due to go into effect next Monday, limited the types of occupations H-1B workers could qualify for and the length of time some beneficiaries could stay in the United States. a general diploma, without additional specialization, is sufficient to qualify for the post. “
The DOL rule, which was already in effect, increased the minimum wage employers must pay H-1B workers.
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