Organizations challenge the H-1B visa rule, file lawsuit against Biden Administration.

Five Non-profit organizations drawn from the medical and tech segment have challenged the H-1B visa rule, which allows H-1B visas based on wages, and had filed a lawsuit in the court against the Biden Administration.

The Trump Administration Rolled Out the H-1B visa rule and prioritized the H-1B visa selection process to applications with the highest wage level in the respective professional category and geographic area.

After Joe Biden took charge of US President, the Homeland Security Department of the US announced the delay of the proposed change to the H-1B cap selection system until Dec 2021. However, it has not declared the rescinding of the rule.

American Immigration Lawyers Association and a few immigration attorneys, Jeff Joseph, Charles Kuck, and Greg Siskind, represent the five non-profit organizations that have filed the lawsuit at the US District Court of Columbia against it.

The lawsuit petition states, “The H-1B visa rule illegally makes the H-1B visa selection process dependant on wage level and unlawfully gives priority to selection on a lottery basis to applicants with high paid wages. As a result, the H-1B visa rule will foreclose eligible H-1B visa workers who are not paid at the high wage levels, including plaintiffs in the matter.”

This rule will impact small businesses, start-ups, and local businesses that rely on skilled foreign workers but cannot pay them at the highest level.

The lawsuit also states that Chad Wolf, Acting Secretary, Homeland Security, who reviewed and approved the final rule, had not proper appointment and legal authority to promulgate the final rule.

Jeff Bless, director at Federal Litigation with AILA, said, “Selecting high-skilled workers on wage basis arbitrarily aligns a worker’s pay with value, and it is wrong.”

Greg Siskind, the founding partner at Siskind Susser Pc, stated, “The rule is to make sure that US workers are not underpaid, but moreover because of it non-profit organizations are unable to recruit requisite talent because they can’t compete with the sector with profit.”

Jeff Joseph, one of the immigration attorneys, said that this is a misguided rule and the odds are in favour of the largest and wealthiest businesses.

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