In a striking rebuke of the Trump Administration’s attempts to dismantle legal immigration, the U.S. District Court for the Northern District of California has set aside both (i) the DHS interim final rule (IFR), Strengthening the H-1B Nonimmigrant Visa Classification Program, and (ii) the DOL IFR, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.
This twin-killing of Trump policy does several things:
- It reinstates the prior DOL OES wage survey back to the formula that has been in place for more than a decade.
- It resets H-1B law, allowing third-party placement, three year-approval notices and a fuller range of approvable H-1Bs.
The Court’s decision, which was issued last night, said that, the Administration, "failed to show there was good cause to dispense with the rational and thoughtful discourse that is provided by the APA's notice and comment requirements.” MU Law will provide updates as more information is available.