A federal judge threw out two rules from the Trump government that limited the number of visas that can be made available to skilled foreign workers.
U.S. decision by U.S. Judge Jeffrey White George on Tuesday. Mr Bush’s appointee rejects the administration’s announced changes to the H-1B visa program in October, which included wage requirements for companies employing skilled workers overseas and imposed new limits on special occupations. Officials have defended the move, if necessary, because of the number of jobs lost during the coronavirus epidemic, and estimate that roughly a third of H-1B visa applications will be rejected.
White ruled that the administration did not follow transparency procedures properly and that his claims that the changes were an urgent response to the economic downturn in the pandemic were unfounded because the October rule was implemented after months of speculation.
“The COVID-19 epidemic is an event beyond the control of the defendants, yet it was under the control of the defendants to act earlier than they did,” White wrote.
“The defendants have not shown that there is good reason to disregard the reasonable and thoughtful speech [Administrative Procedure Act’s] notification and comment requirements, ”White concluded.
The United States issues roughly 85,000 visas annually to highly skilled foreign workers, most of whom go to tech, engineering, or medical companies, and often last for three years with the option to renew.
The U.S. Chamber of Commerce, along with several universities, sued the administration, arguing that there was not enough time for the public to comment on the new rules and that pay changes, essentially requiring companies to significantly increase what they pay foreign workers , would force the dismissal of many employees.
The Trump government has made restricting all forms of immigration a priority. The October change, which was implemented just before the November elections, was temporarily ordered by the president in June to have the president suspend the H-1B program until the end of 2020.