A U.S. federal court judge on Wednesday overturned changes to H-1B visa rules made during the tenure of former President Donald Trump. By enacting new visa rules, the Trump administration has forced American companies to hire local workers instead of cheap foreign workers. Nicholas Ivino of the Courthouse News Service, a nationwide American news service for legal news and other news outlets, said restrictions on H-1B visas have been found to be illegal. This is because it was issued by the Executive Secretary of the Department of Homeland Security and their appointment was made illegally.
Merchants and universities have complained that the Trump administration’s lottery system selects random applicants for H-1B visas, according to Courthouse News. This has made it difficult to recruit highly skilled and conscientious foreign workers and students. The Trump administration’s rule applied to IT workers, doctors, accountants, professors, scientists and architects. The U.S. Department of Homeland Security and Labor amended the H-1B visa program in October 2020 by issuing these new rules.
Professional groups and educational institutions led by the US Chamber of Commerce had jointly filed a lawsuit to block the new visa rules. The rules were then temporarily suspended by U.S. District Judge Jeffrey White in December last year. Last year, former President Donald Trump made an attempt to suspend a nonimmigrant work visa, which was also blocked by Judge White. The reason given was that he did not have the authority to make these changes in the President’s announcement of comprehensive changes.
Iovino said, “The Chamber of Commerce and other petitioners argued in court that the nonimmigration work visa rules violated immigration and nationality laws. Therefore, citizens need to be issued H-1B visas. ”