On December 1, 2020, a California federal judge struck down the Trump administration’s policies tightening eligibility and raising minimum salaries for foreign employees on high-skilled work visas, finding that the administration hadn’t justified its choice to skip key procedural steps.
U.S. District Judge Jeffrey White, a George W. Bush appointee, found that the unemployment crisis caused by the coronavirus pandemic was not “good cause” for the U.S. Department of Homeland Security and U.S. Department of Labor to flout the proper regulatory procedure when issuing the two policies, which aimed to crack down on H-1B specialty occupation visas.
The Labor Department’s salary requirements took effect immediately upon publication in October, while DHS’ new criteria rules were set to take effect in December.
“The Court cannot countenance – reluctantly or otherwise – Defendants’ reliance on the COVID-19 pandemic to invoke the good cause exception,” Judge White said. “The pandemic’s impact on the economy is the only reason DHS proffered as good cause, and Defendants do not dispute that the failure to provide notice and comment was prejudicial.”
The case is Chamber of Commerce of the United States of America et al. v. United States Department of Homeland Security et al., case number 4:20-cv-07331, in the U.S. District Court for the Northern District of California.
ABOUT MOHAMMAD ALI SYED
Over the past twenty years Mohammad (Mo) Ali Syed has developed a thriving immigration, litigation and international business practice. In Immigration Law, for individuals, his experience includes family-based immigration, sponsorship, fiancé visas, asylum, naturalization, and U.S. citizenship. He has obtained EB1 expedited green cards for aliens of extraordinary ability in the sciences, arts, education, business, and athletics. For businesses, Mr. Syed has vast experience with nonimmigrant and immigrant visas including H-1B, PERM (employment-based green cards), E1/E2 treaty traders and investor visas, L1 intracompany transfer visas, O, P, foreign professionals, and multinational managers and EB5 investor green cards.
ABOUT OFFIT KURMAN
Offit Kurman is one of the fastest-growing full-service law firms in the United States. With 14 offices in seven states, and the District of Columbia, and growing by 50% in two years through expansions in New York City and Charlotte, North Carolina, Offit Kurman is well-positioned to meet the legal needs of dynamic businesses and the individuals who own and operate them. For over 30 years, we’ve represented privately held companies and families of wealth throughout their business life cycles.
Whatever and wherever your industry, Offit Kurman is the better way to protect your business, preserve your family’s wealth, and resolve your most challenging legal conflicts. At Offit Kurman, we distinguish ourselves by the quality and breadth of our legal services—as well as our unique operational structure, which encourages a culture of collaboration and entrepreneurialism. The same approach that makes our firm attractive to legal practitioners also gives clients access to experienced counsel in every area of the law.
Find out why Offit Kurman is The Better Way to protect your business, your assets and your family by connecting via our Blog, Facebook, Twitter, Instagram, YouTube, and LinkedIn pages. You can also sign up to receive LawMatters, Offit Kurman’s monthly newsletter covering a diverse selection of legal and corporate thought leadership content.
DELAWARE | MARYLAND | NEW JERSEY | NEW YORK | NORTH CAROLINA | PENNSYLVANIA | VIRGINIA | WASHINGTON, DC
Author: Mo Syed, Esq.
Articles have been Reprinted with permission from the charlotte observer and Mike Hunter.
* These articles and related content on this website are provided without warranty of any kind and in no way constitute or provide legal advice. You are advised to contact an attorney specializing in Association Management for legal advice related to your specific issue and community. Some articles are provided by thrid parties and online services. Display of these articles does in no way endorse the products or services of Community Association Management by the author(s).