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Big relief for IT workers as Donald Trump’s H-1B visa ban blocked by US judge

US President Donald Trump | Photo Credit: AP

A federal judge in the US blocked the implementation of H-1B visa ban by Donald Trump stating that the president exceeded his constitutional authority with the order issued in June.

District Judge Jeffrey White of Northern California ruled against Trump’s H-1B ban on Thursday in the lawsuit filed by companies represented by National Association of Manufacturers, US Chamber of Commerce National  Retail Foundation and TechNet against the US Department of Commerce and Department of Homeland Security.

Judge White in his 25-page order said the Congress’ delegation of authority in the immigration context does not afford the president unbridled authority to set domestic policy regarding the employment of nonimmigrant foreigners. Such a finding would render the president’s Article II powers all but superfluous.

The National Association of Manufacturers reportedly said the ruling will place on hold a series of visa restrictions that prevent US companies from hiring non-immigrant workers from abroad to fill medium or high-skilled positions to support economic recovery.

Trump, in an executive order in June, put on hold issuing of new H1-B, H-2B, J and L visas, till the end of the year. The US president issued an executive order suspending the same first in April for 90 days and extended the suspension for the entire year. 

Citing the pandemic, Trump moved ahead with his ‘America-first recovery’ move “freeing over half-a-million jobs for locals” as the American economy stared at a recession in the election year.

H-1Bs are non-immigrant visas which allow US employers to depute foreign workers in speciality jobs that require technical or theoretical expertise. These are the most sought after visas, especially by Indian techies who wish to emigrate to the US and are used by tech giants to save labour costs.   

Lawsuit against Trump’s H-1B visa ban

The lawsuit, filed on July 20, sought declaratory and injunctive relief from the June 22 Proclamation which effectively suspends temporary visa categories like the H-1B, H-2B, L-1, and certain J-1 visas till the end of the year.

The U.S. Chamber of Commerce, National Association of Manufacturers (NAM), National Retail Federation (NRF), TechNet and International Training and Exchange (Intrax) filed the complaint against acting Homeland Security Secretary Chad Wolf and Mike Pompeo, Secretary of State in a district court in San Francisco.

“Denying American businesses access to international labor markets is inflicting swift and severe harms. Companies are unable to move employees who have developed special expertise outside the United States into domestic roles, where they would otherwise help expand operations, develop new products, and contribute to the hiring of domestic workers. The Proclamation stunts the ability of businesses to identify the best talent for a position; indeed, it causes many important positions to go unfilled entirely, stalling projects that would otherwise create jobs,” they said in the filing.

It went on to say that several small and medium companies depended on workers covered in these visa categories and are suffering as a result of it. “Companies have been forced to furlough or layoff numerous domestic workers because operations that depend on temporary workers from abroad have been wholly suspended. Some companies will go out of business as a result of the Proclamation unless it is swiftly enjoined,” they said.

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