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A judge rejects restrictions on H-1B visas imposed by the Trump administration

2020-12-03T04:31:08.476Z


The district magistrate determined that the government did not follow transparency procedures and that the unemployment crisis caused by the coronavirus pandemic was not sufficient cause to issue the changes that were announced in October, which included salary requirements for companies and limitations.


A California judge on Tuesday rejected the policies of the Donald Trump administration that restrict H-1B work visas, aimed at qualified foreign workers, and that included salary requirements for companies.

The magistrate determined that the Administration had not justified its decision to bypass key transparency procedures.



District Judge Jeffrey White determined that

the unemployment crisis caused by the coronavirus pandemic is not cause enough

for the Department of Homeland Security and the Department of Labor to ignore the appropriate regulatory procedure when issuing policies.



The Labor Department's salary requirements went into effect with their publication in October, while the Department of Homeland Security's new criteria were scheduled to take effect in December.

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"The court cannot approve ... the defendant's reliance on the coronavirus pandemic to invoke the good cause exception.

The impact of the pandemic on the economy is the only reason the Department of Homeland Security invoked as good cause. "

argued Judge White when issuing his decision in the case.

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On October 20, an alliance of universities, the Chamber of Commerce and the National Association of Manufacturers filed a lawsuit against a change by the government of the outgoing president, Donald Trump, in immigration regulations that makes it difficult to hire qualified foreigners.

According to the plaintiffs, the change would make it practically impossible for the US to hire highly qualified foreigners or sponsor their permanent residence.

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Plaintiffs include Stanford, Cornell, and Southern California Universities, which believe

the new rules could force some 200,000 foreign scientists, engineers, and other professionals with H-1B visas to leave the

university.

country

.

In a second lawsuit, the Immigration Lawyers Association (AILA), Purdue University, Michigan University, and other organizations such as the Information Technology Industry Council, challenged a rule that "unreasonably and arbitrarily changes the minimum wage "to employ H-1B visa workers.



According to the plaintiffs, the new rules are "designed to substantially restrict, if not completely eliminate, the H-1B visa category."



These changes "would break the employment relationship of hundreds of thousands of employees in the United States and practically exclude the hiring of new people through the program" for qualified immigrants, they added.



The University of Utah cited an example of an employee with an H-1B visa who wanted to renew it who was paid a salary of $ 80,000 annually.

Under Trump's rule, he would have to receive 208,000.

"This is an incredibly important decision to preserve the H-1B program," stated attorney Paul Hughes, who represented the plaintiffs.

"This decision will allow these people to keep their jobs and their families in the United States," he added.

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The Trump administration proposed on October 28 to end the H-1B visa lottery among highly-skilled workers around the world to prioritize the highest-paying applicants.

This was announced by the Department of Homeland Security in a statement, in which it indicated that it has taken a first step in that direction by noting this change provisionally in the US Federal Register "to better protect economic interests. of American workers. "

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The H-1B program has become a flash point in the immigration debate in the United States motivated by the Trump administration, which has gone so far as to say publicly that it prefers immigrants from the Nordic countries over other places.



Those in favor of the program defend that it is used to attract talent and fill gaps that the national labor market cannot fill, but detractors believe that it takes away opportunities from American workers.

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According to the Department of Homeland Security (DHS, for its acronym in English), the program was established with the idea of ​​helping women companies to “plug the holes” in their workforce without losing their competitiveness in the global economy.

However, the program has expanded to the point that foreign workers are displacing Americans.

DHS data indicate that more than half a million foreigners with H-1B visas have displaced Americans, which, according to the agency, has depressed wages in many areas of the economy and the labor market, and stagnant wages in certain occupations .               



With information from EFE and AP.

Source: telemundo

All news articles on 2020-12-03

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