Trump’s unfavorable H-1B regulations were STRUCK down by a U.S. district court. This spells favor for aspiring Americans, especially those stuck in interminable backlogs. Read on to find out what this means and what to expect.
U.S. District Court Repeals Trump’s H-1B Regulations
The H-1B visa is a renewable non-immigrant visa that allows American companies to employ foreign specialist labor. So, it promotes the employment of specialist labor at competitive prices.
However, the Trump administration proposed two regulations to threaten the ease and cost of hiring foreign employees. These regulations were to be the administration’s final card to deter U.S. immigration.
However, thanks to the intervention of several entities and the meticulous decision of the court, IT professionals and firms can finally rest easy.
On the 2nd of December, 2020, a United States District Judge in California brought relief to the minds of tens of thousands of Indian and Chinese professionals, and top tier IT firms present in the United States.
About The Regulations And The Judgement
In a 23 page judgment, Judge Jeffrey White struck down Trump’s H-1B regulations. These proposed regulations contained these changes:
- Mandated significantly higher pay for foreign employees on H-1B visa
- Specified eligibility requirements of U.S. companies and IT firms for hiring foreigners with H-1B visas.
Following the judge’s ruling:
- The DHS policy on occupation and other related matters that were to take effect on December 7th are now null and void.
- The DHS policy on wages that were to take effect on the 8th October, 2020, no longer has the force of law. It is now invalid.
According to the judge, the COVID-19 pandemic inflicted a huge blow on the U.S. economy. It left the finance of millions of Americans suffering the impact. Both large and small businesses had no choice but to work from home or worse – shut down. Ultimately, it has been an economic disaster for most businesses and residents of the United States of America.
While the U.S. government safeguards the interests of its people, it cannot ignore the history of the United States. A history forged by the generational contributions of persons who crossed lands and seas to come to the U.S.
The national government may possess the power to regulate immigration, but it must use this power responsibly. Before it makes any policy, thorough and thoughtful research must be carried out first. The government owes this to all Americans and aspiring Americans.
The Fight Against The H1-B Regulations
The case against the Trump’s H-1B regulations, was filed by:
- The U.S. Chambers of Commerce
- Bay Area Council
- Stanford University, and
- Several higher institutions of learning, and trade bodies representing top tier Silicon Valley companies, including Google, Microsoft and Facebook.
They argued that Trump’s H-1B regulations were illegal, and the hurried implementation process was genuinely flawed. The Trump administration argued otherwise. However, in the end, the court ruled in favor of H-1B beneficiaries, employers, and employees alike.
The Trump Administration’s Cover-up
The Trump administration claimed that the H-1B regulations were entirely for the benefit of qualified American workers. According to the DHS, :
- The new H-1B regulations would battle the low cost employment of H-1B workers in place of qualified American workers.
- The new regulation wasn’t aimed at denying H-1B visas, but cutting off the exploitative leverage of American companies. With the new rule, the broad definition of specialty occupations was to be narrowed down, to give room for equal employment of American workers.
- According to the DHS, the U.S. has entered an age where economic security is a vital part of homeland security. So, they must place the interest of the American worker first.
- The DOL proposed H-1B regulation wasn’t to victimize foreign talents. Rather, it was a call to transparency. The wages of H-1B employees per specialty occupation was to be reviewed and upgraded to further motivate and attract H-1B talents.
The Trump administration said that the H-1B regulations were proposed only for these reasons. However, all of these “reasons” are nothing more than the administration’s last ditch effort to deter U.S. immigration. Once again, and finally, the Trump administration’s anti-immigration objectives have been thwarted.
What The Court’s Decision Means
Following their victory, the Bay Area Council President was of the opinion that the judgment was a major win for the U.S. economy. In his words:
“H-1B workers…provide immense benefits…to the companies they work for…to the communities they live in. Many…leading…technology companies…have been founded by entrepreneurs from other countries who first came here on visas”.
According to him, the U.S. economy would recover speedily from the impact of the COVID-19 pandemic from that point on. So, shutting the doors to foreign talents will push such talents and opportunities they create to more accommodating nations. In the end, it would mean fewer jobs in the U.S., and a regression on the national economy. As Microsoft CEO Bill Gates once said, it makes little sense to put a quota on intelligence.
To the director of Immigration Policy for the Chamber of Commerce, Trump’s proposed H-1B regulations were potential disruptions of business operations and deals. So, to him, the ruling is a huge relief to many companies
According to Todd Schulte (From the pro-immigration lobbying group), the ruling was the best decision for the U.S. economy. It has practically secured the U.S. as a hotspot for foreign talents looking to build their careers.
H-1B Regulations Or Not, File Now!
The repeal of Trump’s H-1B regulations is a relief for U.S. companies and aspiring immigrants alike. However, it may not be the end! The future is uncertain!
So, to get the best out of the current judgment, contact us for help!
At the HMA Law Firm, we offer excellent consultation concerning all matters of immigration. We guarantee a hassle-free application process for you. So, talk with our attorneys today!
