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Judge Strikes Down New H-1B Wage Rules

Judge Strikes Down New H-1B Wage Rules

A federal judge struck down two Trump administration rules on December 1 that were designed to drastically curtail the number of visas issued each year to skilled foreign workers. California Judge Jeffrey White said the new wages rules for the H-1B visa program that were put into effect by Presidential executive order in October to address COVID-related unemployment “didn’t follow transparency procedures.”

The changes to the H-1B visa program announced in October include new DHS salary requirements for companies that employ skilled overseas workers and the Department of Labor (DOL) added limits on what constitutes an H-1B specialty occupation. Department of Homeland Security said the new rules were a priority because of coronavirus-related job losses and estimated as many as 1/3 of  H-1B applicants in recent years would be denied under the new rules.

The lawsuits challenging the new rules said the H-1B rules were initially proposed as part of President Trump’s 2016 presidential campaign, but the government was only able to implement them during the COVID crisis, and that the government’s claim that the measures were an emergency “didn’t hold water.”

The new wage rules would have made H-1B workers prohibitively expensive for many businesses. After the new rules were enacted, business experts predicted that if the government continues to limit the number of H-1B workers tech companies can bring to the U.S., companies may send the work overseas instead.

Read More:

Trump Orders New H-1B Visa Rules

USCIS Implements New Process for 2021 H-1B Lottery

Startups That Win the H-1B Lottery Get More Funding

Illinois Immigration Law Firm

Godoy Law Office is an established immigration law firm in Chicago and Lombard, Illinois, with attorneys who are ready to help you apply for legal immigration status if you are eligible. If you need help with an immigration issue, please contact our office at 855-554-6369.  

Godoy Law Office serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will, and Lake Counties. 

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Mario Godoy
Mario Godoy
Immigration Lawyer and Illinois Crimmigration Attorney

Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.

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