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Immigration Law

Court Nixes DOL Wage Rule, USCIS H-1B Rule: Chamber of Commerce v. DHS

Chamber of Commerce v. DHS

"The Court once again confronts a challenge to the Administration’s assertion that the H-1B
visa program adversely affects American workers to such a degree that it must take immediate
action. See Nat’l Ass’n of Manufacturers v. Dep’t of Homeland Sec., No. 20-cv-4887-JSW, -- F.
Supp. 3d --, 2020 WL 5847503 (N.D. Cal. Oct. 1, 2020) (“NAM”). Here, Plaintiffs bring claims
under the Administrative Procedure Act (“APA”) and ask the Court to set aside two interim final
rules promulgated by the Department of Labor (“DOL”) and by the Department of Homeland
Security (“DHS”): Strengthening Wage Protections for the Temporary and Permanent
Employment of Certain Aliens in the United States, 85 Fed. Reg. 63,872 (Oct. 8, 2020) (“DOL
Rule”); Strengthening the H-1B Nonimmigrant Visa Classification Program, 85 Fed. Reg. 63,918
(Oct. 8, 2020) (“DHS Rule”) (collectively, the “Rules”). ... Plaintiffs are entitled to judgment
in their favor on their first two claims for relief, and the Court sets aside the Rules on the basis that
they were promulgated in violation of 5 U.S.C. section 553(b)."