AILA Sues DHS to Enjoin H-1B Final Rule

May 19, 2021 Ian Love

On May 17, 2021, a group of employers filed a lawsuit against the Department of Homeland Security (DHS) to enjoin the final rule titled “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions.”

Overview

First published on Jan. 8, 2021, the proposed changes to the H-1B lottery selection process have been extensively debated since their inception under President Trump. The plaintiffs in the lawsuit argue that the rule is substantively unlawful because it contradicts the intent of U.S. immigration statutes by selecting high-skilled workers solely on the basis of wage.

The plaintiffs also contend that the rule, if implemented, would favor large and wealthy businesses, while essentially foreclosing the possibility of selection in the lottery for employees of many small businesses, startups, and non-profit organizations that are unable to pay workers at the highest wage levels. The American Immigration Lawyers Association (AILA) and the organizations it represented in the lawsuit add that the H-1B wage-based selection rule would put businesses in more rural and less expensive parts of the U.S. at a disadvantage against equally skilled and necessary workers who live in higher-demand locations.

Looking Ahead

This lawsuit is the latest development in litigation surrounding the proposed changes to the H-1B selection methodology. Envoy Global and Global Immigration Associates (GIA) will provide updates as they become available. Please see Envoy’s H-1B Visa Program page for more information about the H-1B visa and relevant litigation.

Envoy is pleased to provide you this information, which was prepared in collaboration with Ian Love, who is Partner at Global Immigration Associates, P.C. (www.giafirm.com), Envoy’s affiliated law firm.

Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an Envoy-affiliated attorney or another qualified professional.

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