A group of 17 US organisations including institutions of higher education have challenged the Trump Administration's new rule that has raised the minimum wage for foreign workers to qualify for the for H-1B high-skilled work visas.
Represented by the American Immigration Lawyers Association (AILA), this is the second group to sue the Department of Labor for the interim final rule after Dallas-based ITServe alliance.
The lawsuit points out that interim final rule was made effective on 8 October, within 48 hours of its being made public.
“Standing alone, the failure of the government to provide the proper notice and opportunity for comment before making such dramatic changes, requires an immediate relief for plaintiffs,” Jesse Bless, AILA’s Director of Federal Litigation stated in a media release.
“But the arguments against this rule stretch far beyond its unlawful implementation,” he said, adding, “The increase to the prevailing wages will manifestly not benefit US economic growth or any workers; study after study has shown that H-1B visa holders create American jobs.”
“The regulation has caused immediate and unnecessary harm in every corner of our economy, including academic institutions, nonprofits, hospitals, start-ups, and small businesses,” Bless stated.
“Frankly, the last thing we need during a pandemic and economic turmoil is a rule based on a false and incorrect understanding of the market and American workforce. This will impede our economic recovery, not enhance it,” he added.
This comes in as the pandemic was the very reason stated by the Trump Administration to fast-track the implementation of the new rules.
The Department of Homeland Security stated that the rules were issued to “ensure that employing H-1B workers will not worsen the economic crisis caused by COVID-19 and adversely affect wages and working conditions of similarly employed US workers.”