Search
Contact
Login
Share this article
A federal judge ruled Tuesday to set aside Trump administration regulations amending H-1B eligibility criteria and changing wage requirements for the H-1B, H-1B1 and E-3 visa categories and for permanent labor certifications (PERM).
Key Points:
Background: Both the DHS and DOL rules were published Oct. 8, with the government invoking the APA’s “good cause exception” to waive the normal notice and comment period and, in the case of the DOL rule, to implement the regulation immediately. Business organizations, universities and immigration groups filed lawsuits in October challenging both rules. Judge White ruled on Tuesday that the regulations must be set aside.
DHS also proposed in November to replace the H-1B lottery with a new wage-based allocation process, and will accept comments until Dec. 2. Though today’s ruling does not affect that proposal, it is also expected to be challenged in court.
BAL Analysis: The ruling is a victory for the organizations that sued to stop the government from implementing and enforcing the DHS and DOL rules. BAL continues to review the ruling and will provide additional information as necessary.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2020 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
The U.S. Department of Labor has posted updated processing times for permanent labor certification (PERM) applications. PERM Processing: As…
Immigrant visa issuance continued to climb in fiscal year 2023, surpassing pre-pandemic totals, according to recently published State…
EU member states’ ambassadors have agreed on a draft regulation that would let the EU suspend visa-free travel for countries…
U.S. Citizenship and Immigration Services announced this week that it will implement a streamlined process to provide Employment…