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Immigration,
Government

Sep. 13, 2021

Judge inclined to toss H-1B priority for high-earning workers

The Department of Homeland Security issued the regulation under President Donald Trump, and there should be weight placed on the fact that the agency has not changed its position despite the switch in administrations, argued August Flentje, special counsel to the assistant attorney general in the U.S. Department of Justice civil division.

A federal judge said Friday he is inclined to throw out a regulation that favors high-earning foreign workers for H-1B visas, and asked attorneys representing the U.S. Chamber of Commerce and the U.S. Department of Homeland Security why he should rule otherwise.

The federal agency issued the regulation on Jan. 8 under the authority of acting U.S. Secretary of Homeland Security Chad F. Wolf. Multiple federal courts have ruled Wolf was not l...

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