California Federal Court Strikes Down Trump-Era H-1B Rule

On Wednesday, U.S. District Judge Jeffrey White struck down a Trump-era H-1B rule that would prioritize higher-paid foreign nationals for H-1B visas.

In Chamber of Commerce of the United States, et al, v. United States Department of Homeland Security, Judge White said, “because [former Acting Secretary of Homeland Security] Mr. Wolf was not lawfully appointed as acting secretary at the time the final rule was approved, the court concludes the rule must be set aside.”

Accordingly, the Court vacated the Final Rule and remanded the matter back to DHS.

The now-vacated H-1B regulation would have changed the lottery process to instead one that would prioritize applicants based on their salary.

The plaintiffs, the Chamber of Commerce, several universities, and business and trade associations, claimed the rule went against the Immigration and Nationality Act and that the rule would diminish the chances for H-1B applicants early in their careers to be selected for a visa.

U.S. Chamber of Commerce Vice President of Immigration Policy Jon Baselice released the following statement: “This is a major victory for American businesses and our economy. If implemented, the H-1B lottery rule would have denied many companies access to the talent they need to expand their operations and create American jobs.  Given the significant difficulties that employers face in meeting their workforce needs today, many businesses are breathing a sigh of relief in response to this ruling.”

Erickson Immigration Group will continue to send updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.