Businesses And Universities Sue Trump Administration For Visa Restrictions

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Earlier this month, several business groups and some universities sued the current administration for its H-1B visa restrictions.

HR Dive reports that among those filing the suit on October 19 is the U.S. Chamber of Commerce, the National Retail Association, the National Association of Manufacturers, the University of Southern California, Stanford University, Cornell University, the University of Rochester. 

A second lawsuit also challenges the updated regulations for -H1B Visas put in place by the Trump Administration and includes medical and dental associations from the University of Indiana.

The plaintiffs say that the Trump Administration restricting highly skilled workers from coming into the country promulgated the new restrictions without the requisite notice outlined in the Administrative Procedures Act (APA). Documents filed with the Court assert: 

Because defendants have no ‘good cause’ to dispense with the APA’s most fundamental protection for the regulated public, the Court should swiftly set these Rules aside.”

Most large and medium-sized companies will all have workers from other countries who are in the U.S. on an H-1B visa. The Department of Labor increased the wage scale by 30 to 60 percent. Additionally, the Department of Homeland Security issued a rule about educational degree requirements for H-1B visa holders that would make it difficult for some workers from overseas to be hired for jobs outside of their academic major. For example, an engineering major might not be able to be hired as a data systems administrator under the current H-1B rules.

The companies allege that the Trump Administration’s rules on H-1B visa holders have driven companies to consider expansion in other countries to better plan and fill their workforce needs.