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US judge throws out Trump rules limiting H-1B skilled worker visas

A federal judge yesterday struck down two Trump administration rules designed to drastically curtail the number of visas issued each year to skilled foreign workers.

U.S. District Judge Jeffrey White in California said the government didn’t follow transparency procedures and its contention that the changes were an emergency response to pandemic job losses didn’t hold water because the Trump administration has floated the idea for some time but only published the rules in October. The US Chamber of Commerce and universities including the California Institute of Technology sued in California. Arguing there wasn’t satisfactory notification or time for the public to comment on the changes. Additionally, they said the guidelines, especially related to requiring a prevailing wage for visa-holders.

White wrote, “Defendants 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.” “This is an incredibly important decision to preserve the H-1B program.” “This ruling enables those individuals to maintain their jobs and their families in the United States,” said attorney Paul Hughes.



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