One more US court rules against H-1B wage hike rule
2 min read
H-1B wage hike rule: A US court on Monday ruled against the Department of Labor’s move to increase the prevailing wage rates for H-1B visa holders. The third decision that has conflicted with US President Donald Trump’s government on this issue.
The lawsuit filed by 17 individual and organizational plaintiffs, including Purdue University and American Immigration Lawyers Association (AILA).
The judge said that the ineffectively drafted. Improperly gave rule did not agree to the procedural requirements for rulemaking and was substantively arbitrary, wrong, and irrational.
The DOL has been ordered to reissue prevailing wage determinations that were given under the rule.
H-1B Wage Hike Rule
This H-1B Wage Hike Rule would have drastically impact on employers across each industry that depends on high-skilled foreign workers. DOL passed this tremendous rule without any input from the public. It is an attack against the majority rule government. To shut the public out of the rule-making process with no notification. Said Jeff Joseph, lead counsel and secretary of AILA.
Under the new guideline announced in October, compensation for H-1B visa holders would have expanded by 40%. On average depending on the role and location, effectively pricing them out of the market.
[Federal District Court Strikes Down DOL Wage Regulation, Orders Reissuance of Prevailing Wage Determinations]
Greg Siskind of Immigration law office Siskind Susser PC said that the decision was critical with regards to the Covid-19 vaccine being turned out in the United States. “The illegal rule at the center of this case makes it impossible for some employers to recruit those scientists as well as doctors and nurses and so many others. The present decision reminds individuals how critical these worldwide workers are to our nation.”
Prior, a district court in North California had overturned this h-1b wage hike rule. Followed by another court in New Jersey on the grounds that it did not meet authoritative strategy requirements.
