A federal court has struck down two restrictive regulations that the government rushed through. Through these new rules, the government sought to make the application process more difficult for H-1B candidates and green card applicants. We previously wrote about the government’s plan to make the requirements for the H-1B classification more stringent and introduce an artificially inflated prevailing wage. These changes would affect thousands of employees and businesses across the U.S. The Court put an end to the requirements that would further restrict who is eligible to obtain H-1B status. Further, it set aside the artificial prevailing wage inflation, which would have created serious headaches for employees and their employers who provide honest and lawful opportunities. We will watch for any recourse the government might take.
We are happy to see that the Court has agreed the government incorrectly rushed out these new, harsh rules. In its decision, the Court acknowledges the challenges the country currently faces because of the pandemic, both to our collective health and the economy. However, the Court does not put this burden on immigrants. It writes, “the history of the United States is in part made of the stories, talents, and lasting contributions of those who crossed oceans and deserts to come here.” So even though the government has significant power to regulate immigration, it also has a responsibility to enact laws based on thoughtful, rational civic discourse. We could not agree more.