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Labor/Employment,
Immigration

Nov. 24, 2020

Jobless rate shouldn’t affect H1B visas, businesses argue

Presided over by U.S. District Judge Jeffrey S. White in Oakland, Monday's oral argument concerned the coalition's motion for a preliminary injunction, to enjoin the U.S. Department of Labor and U.S. Department of Homeland Security from enforcing new H-1B rules they introduced on Oct. 8. The agencies, named as defendants in the case, had filed a cross motion for partial summary judgment.

Federal agencies used the high unemployment rates caused by COVID-19 as an excuse to impose new restrictions on the H-1B visa program -- a goal of President Donald Trump's administration long before the pandemic, an attorney representing a coalition of business groups and universities alleged in a virtual court hearing Monday.

"The record here is clear that the agencies were not acting as though this was an emergency," said Paul W. ...

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