Labor/Employment,
Immigration
Aug. 10, 2021
Chamber of Commerce challenges ‘high earners first’ H-1B rule
Under the Immigration and Nationality Act, whenever the agency receives an overabundance of H-1B applications, it is supposed to issue visas for the eligible applications that were filed earliest, according to a Friday filing by Paul W. Hughes and William G. Gaede, partners at McDermott Will & Emery LLP, who represent the U.S. Chamber of Commerce.
A recent U.S. Department of Homeland Security rule that prioritizes high-earning foreign workers for H-1B visas conflicts with federal law, and was issued by an agency official who did not have the proper authority, the U.S. Chamber of Commerce and other organizations argued in a court motion.
The H-1B visa program allows U.S. employers to hire foreign workers on a temporary basis. Workers seeking an H-1B visa must have specialized skills ...
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