H-1B wage selection rule: Five nonprofits and businesses have filed a lawsuit against US President Joe Biden’s government challenging the move from an H-1B lottery system to a wage-based selection process. Moreover, the claim was filed on Monday in a US District Court.
The petitioners are described by the American Immigration Lawyers Association (AILA). Jeff Joseph of Joseph and Hall PC, Charles Kuck of Kuck Baxter Immigration LLC, and Greg Siskind of Siskind Susser PC.
“This rule has been unlawful since its inception under the (past Donald) Trump government. And promulgation under previous DHS official Chad Wolf,” said Jesse Bless, AILA’s Director of Federal Litigation.
“District courts have repeatedly and unanimously ruled that Mr. Wolf lacked the authority to change immigration policy. Even if Mr. Wolf might have proclaimed the H-1B rule, it’s substantively unlawful because it directly contravenes US immigration law,” Bless added.
A lawsuit filed against Biden on the H-1B wage selection rule
Also, in February, the Department of Homeland Security said it was postponing the implementation of this rule from March 9 to 31 December.
As per a new report by the National Foundation for American Policy. The wage-based system will make it harder for international students to get a work permit in the United States.
Also, “Smaller and rural businesses are left out of the lottery for reasons that are arbitrary, illegal, and not rationally related to the economy,” said Jeff Joseph, Senior Partner of Joseph and Hall, PC.
Moreover. the higher wage requirement would create a system where non-profits would be not able to compete for talent. Said Greg Siskind of Siskind Susser PC.
“… nor was it planned to kneecap universities and clinics by making it amazingly hard. For graduating students and medical residents to meet all requirements for H-1B visas. This rule may have sounded great to individuals who came up with the thought, yet it will cause disastrous collateral damage,” he said.