District Court for the Northern District of California Strikes Down H-1B Regulations for Violating APA

Strikes Down H-1B Nonimmigrant Visa Program

Written by Taher Kameli & Chathan Vemuri As noted before on this blog site, on October 8, 2020, the Department of Homeland Security issued an interim final rule that was meant to revamp the H-1B Nonimmigrant Visa program.[1] Called Strengthening the H-1B Nonimmigrant Visa Classification Program, this interim final rule changed the definition requirements for “specialty occupations,” among other aspects, in order to make applications for the H-1B Nonimmigrant Visa more challenging.[2]   The overall purpose behind the changes was to decrease reliance on the H-1B program and encourage employers to look

The Department of Labor’s New H-1B Wage Hike Rule Faces Overwhelming Legal and Empirical Challenges

H-1B Wage Hike implemented by Trump Administration

Written by Taher Kameli & Chathan Vemuri The Trump administration caused an uproar among employers when it implemented its Interim Final Rule on October 8th, 2020 substantially increasing the amount in wages to be paid to employees who held H-1B visas in an attempt to pressure employers to drop them in favor of a domestic American workforce.[1]   In addition to boosting wages to pressure employers to look domestically for employees, it also changed the requirements for an H-1B visa by looking not simply for a college degree but specifically for degrees in “specialty