Lawsuit filed against Biden administration on H-1B wage selection rule : 19-05-2021

Five nonprofits and businesses have filed a lawsuit against US President Joe Biden’s administration challenging the move from a H-1B lottery system to a wage-based selection process.

The lawsuit was filed on Monday in a US District Court.

The petitioners are represented by the American Immigration Lawyers Association (AILA), Jeff Joseph of Joseph and Hall PC, Charles Kuck of Kuck Baxter Immigration LLC, and Greg Siskind of Siskind Susser PC.

“This rule has been unlawful since its inception under the (previous Donald) Trump administration and promulgation under former DHS official Chad Wolf,” said Jesse Bless, AILA’s Director of Federal Litigation.

“District courts have repeatedly and unanimously ruled that Mr Wolf lacked the authority to change immigration policy. Even if Mr Wolf could have promulgated the H-1B rule, it’s substantively unlawful because it directly contravenes US immigration law,” Bless added.

In February, the Department of Homeland Security said it was delaying the implementation of this rule from March 9 to December 31.\

According to a recent study by the National Foundation for American Policy, the wage-based system will make it harder for international students to get a work permit in the United States.

“Smaller and rural businesses are left out of the lottery for reasons that are arbitrary, illegal and not rationally related to the economy,” said Jeff Joseph, Senior Partner of Joseph and Hall, PC.

The higher wage requirement would create a system where non-profits would be unable to compete for talent, said Greg Siskind of Siskind Susser PC.

“… nor was it intended to kneecap universities and hospitals by making it extremely difficult for graduating students and medical residents to qualify for H-1B visas. This rule may have sounded good to the people who came up with the idea, but it will cause disastrous collateral damage,” he said.

Source : PTI