US Govt Cancels All H1B Rules Imposed By Trump: Higher Wages Not Needed For H1B Visa!

US Govt Cancels All H1B Rules Imposed By Trump: Higher Wages Not Needed For H1B Visa!
US Govt Cancels All H1B Rules Imposed By Trump: Higher Wages Not Needed For H1B Visa!

The rules that were implemented by the previous president of the US, Donald Trump have been discarded now by a US federal judge. These rules were implemented by the former president in order to ensure that American workers won’t be replaced with cheaper foreign labour.

Read on to find out all the details about the changes in the rules!

US Federal Judge Discards All H-1B Rules Imposed By Trump

Nicholas Iovino while writing in Courthouse News Service has stated that the rules that put limits on the H-1B visa can be deemed invalid because they were implemented by a Department of Homeland Security acting secretary who was not lawfully appointed to the role.

The Trump led government had made it mandatory for businesses and universities to switch to the H-1B visa system from a lottery that selects applicants at random. The government asked for candidates to  be picked from higher-wage jobs making it difficult for to hire and recruit talented foreign workers and students..

This was found especially applicable to tech industry workers, doctors, accountants, professors, scientists and architects.

In April, we reported that US President Joe Biden plans to allow a pandemic-related ban on visas for certain temporary workers, enacted by former President Donald Trump, to expire Wednesday, according to people familiar with the matter.

Unlawfully Appointed Secretary Implemented H-1B Rules

The moratorium, which affected H-1B visas used by technology companies to hire foreign coders and engineers, was imposed last June. Biden is opting not to renew it, said the people, who asked not to be identified because the decision hasn’t been announced. 

Around  13 US trade organizations, universities, and healthcare firms have filed a lawsuit against the Trump organization for the two new H-1B rules implemented. They have claimed that these laws are illegal and arbitrary, and will severely affect the hiring and business of Indian IT firms.

This is not the first lawsuit against the administration; but the third. This third lawsuit has been filed by the US Chamber of Commerce and other players, such as  the National Association of Manufacturers, the Bay Area Council and universities like Cornell University. 

The lawsuit states that the rules should be set aside as they “were unlawfully issued without notice and comment and are arbitrary, capricious, or otherwise not in accordance with law.”

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