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H-1B visa: Top 46 companies, including Google, to file legal action against restrictions

New Delhi: As many as, 46 tech majors and a number of universities extended support to a legal challenge to block upcoming rule changes to H-1B visa eligibility. An amicus brief that supports a legal challenge to block upcoming rule changes to H-1B visa eligibility has been filed. Amicus briefs are legal documents filed in appellate court cases by non-litigants with a strong interest in the subject matter. The lawsuit was filed by plaintiffs including the US Chamber of Commerce and 12 other organizations and universities in Northern California court recently.

The American Immigration Council and the US universities like Harvard and Massachusetts Institute for Technology, too, filed supporting briefs for the lawsuit. This comes in the wake of the Trump administration has now proposed to scrap the computerized lottery system to grant H-1B work visas to foreign technology professionals and replace it with a wage-level-based selection process. The move is expected to counter the downward pressure on the wages of US workers.

This effort would affect H-1B registrations submitted by prospective petitioners seeking to file H-1B cap-subject petitions. The proposal would be implemented for both the H-1B regular cap and the H-1B advanced degree exemption, but would not change the order of selection between the two as established by the H-1B registration requirement final rule. In the lawsuit that has been filed, the companies said, “The new DHS and DOL Rules will dramatically reduce U.S. businesses’ ability to hire these skilled foreign workers.” They further added that this will lead to greater reliance by the US companies on operations outside of the United States—inflicting long-term damage to the country’s economic growth.


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