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Added High-Skill Visa Requirements Illegal, Lawsuit Says


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New lawsuit seeks to halt recent H-1B policy changes

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Illustration: Sarah Grillo

Three IT companies filed a lawsuit on Tuesday, which called for an injunction on U.S. Citizenship and Immigration Service's (USCIS) recent policy changes that increased scrutiny for H-1B employers who send their workers to third-party worksites, claiming USCIS overstepped its authority.

Big picture: This comes as the Trump administration seeks ways to cut back on H-1B visas, and has called for increased scrutiny of certain H-1B employers. It also comes as the Trump administration continues to face litigation — and often injunctions — on many of their immigration policies.

The issue: The new regulations allowed USCIS to demand additional detailed documents from employers who sent H-1B workers to third party work sites — including itineraries.

  • Jonathan Wasden, the lead lawyerwho has formerly worked at USCIS's Administrative Appeals Office and the Justice Department, told Axios that many contracting companies would not be able comply with the new regulations because of how they operate leaving them unable to receive and provide needed talent.

The argument: Both USCIS and the Department of Labor (DOL) share responsibility for the H-1B program, and DOL has been in charge of deciding what kind of employers qualify for H-1B visas. The lawsuit claims that USCIS's new rules contradict DOL's rules, and overstep USCIS's role in the H-1B program.

  • Wasden is confident about their case, saying that if he were on the government's side, he'd "have a very hard time defending this with a straight face," saying that "it’s clear DOL is delegated authority to define these key terms."
Posted
8 minutes ago, tacobell fan said:

*=:

entantaa$%^

Posted

Expect another law suite on the OPT third party requirement soon.. DACA type lo ivanni court lo nilabadavu..

Posted

Lawyers and Mestris ki oppose chese rules ki ventane gumpu goodi case lu vestaru. 

Manaki panikoche rule okkati vachina kooda malli same bewarse gaallu tokkestaru. 

Govt and USCIS ni anali veellani encourage chestunnanduku

Posted

Someone post this on u sci s...Twitter page...or tag usi cs...in Twitter with this news link

Posted
1 hour ago, phatposts said:

Lawyers and Mestris ki oppose chese rules ki ventane gumpu goodi case lu vestaru. 

Manaki panikoche rule okkati vachina kooda malli same bewarse gaallu tokkestaru. 

Govt and USCIS ni anali veellani encourage chestunnanduku

this is a much bigger issue than Lawyers and Mestris, major american vendors are impacted as they do not supervise their employees directly in many cases but the client, client dont allways have a roadmap of what they plan to do, itinerary 3 yrs ki ivvadam anedi major impact for cost for every one

its an issue with business model, collateral damage is out issue, chaala santosham tondaragane file chesaaru

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