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US District Judge Rejects Preliminary Injunction Against H-1B Visa Ban

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A United States court on Wednesday denied granting a preliminary injunction against President Donald Trump’s order. To end the issuance of new H-1B Visa, L-1, and other non-immigrant visas.

The H1B visa is a non-immigrant visa that permits US organizations to hire foreign workers in specialty occupations. It requires technical or theoretical expertise. The technology organizations rely upon it to employ a huge number of employees every year from countries like India & China. Indians are the biggest group of H-1B holders.

In his presidential announcement on June 22, Trump temporarily suspended the giving of H-1B work visas till the year-end. Also, it has been met with claims over the ‘irreparable harm’ that the move could have. US district court judge Amit Mehta didn’t grant a preliminary injunction till the time a verdict in the lawsuit in the subject is reached. This was in the plea filed by 169 Indian nationals.

The claim was filed by Indian nationals who were recently living in the United States in lawful nonimmigrant status under temporary labor petitions authorized by the DHS (Department of Homeland Security). For different reasons, they moved to India and now must receive visas to return to the US.

In the claim challenging the order, the complainants had called the statement “arbitrary and capricious”. Insisted that their visa applications be processed.

Preliminary Injunction Against H-1B Visa Ban

The 169 Indian nationals in their claim had pursued an order. Demanding the Secretary of State and the United States consulates “to adjudicate, process, and render last decisions on Plaintiffs” DS-160 visa applications. However, requiring such quick processing would be an exercise in futility. When the complainant would stay ineligible to enter the nation until 1st January 2021, at the earliest,” Mehta said.

<<H-1B Visa Denials Mount Up in the year 2020 for Many Companies>>

The judge stated that the complainant, in this case, the Indian nationals, were “unlikely to succeed on their challenge” to the order. The injunction “would not remedy their claimed uncorrectable harms and would not be in the public interest”.

In his order, the judge stated, “Such an order would hazard diverting limited resources away from visa candidates who are eligible an exception to the Proclamation, and could make significant confusion for visa beneficiaries trying to enter the nation only to be denied at ports of entry.”

Nevertheless, he stated that those looking secure a visa may persuade the court. The Trump government must keep processing their visas despite the entry restrictions.

This order was reported 2nd time in a month that the district judge has denied requests to suspend the order, and did so previously not long ago. The complainants have reportedly said in a court filing that they will be appealing the order to the DC Circuit.

In August, the government declared relaxations in limitations for the visa. For candidates who are seeking to return to jobs held in the US with a similar employer and in the same position and visa classification.

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