US court abolishes Trump-era H-1B restrictions on visas; Here's all you need to know

In a historic move, a US federal court on Friday abolished the Trump-era restrictions to H-1B visa rules that made it harder for American businesses to recruit highly skilled foreign employees. The restrictions were announced by the US Department of Homeland Security and Department of Labor in October 2020 as the former Trump administration enacted new rules applicable to the H-1B visa program that was aimed at protecting the American workers and prohibiting the US firms from hiring foreign labour. On Friday, however, rules restricting H-1B visas were declared invalid that mostly applied to the doctors, accountants, professors, scientists, and architects among many other workforces. 

“The Trump administration switched the H-1B visa system from a lottery that selects applicants at random to one that prioritizes higher-wage jobs — ostensibly to deter U.S. companies from replacing American workers with cheaper foreign labour,” the courthouse news service, a platform dedicated to the American lawyers reported on Friday, September 17. 

A Senior US District Judge Jeffery White temporarily blocked the ban as he was reported saying that these rules were instated under the Department of Homeland Security acting secretary, which was ‘unlawfully’ appointed to the role at the time. Trump administration, which had enacted the H-1B visa system from a lottery, had approved restrictions that narrowed down the definition of 'specialty occupation, thus allowing just highly qualified beneficiaries and petitioners to work in the US that affected thousands of Indian IT professionals. 

Meanwhile, additional documentation was required by the companies to be presented to the government that proved that the foreign workers were highly qualified, and the process was made hassle prone to prevent displacing American workers. New rules would also enhance the department's ability to enforce compliance through worksite inspections and monitor compliance before, during, and after an H1-B petition was approved.

US Chamber of Commerce sued DHS

Last year, a coalition of business groups and academic institutions led by the US Chamber of Commerce sued the Department of Homeland Security and the Department of Labor for restrictive rules on the H-1B visa system. And therefore, Senior US District Judge Jeffery White, a George W. Bush appointee, temporarily invalidated them in December, and also blocked an attempt by the former President Donald Trump to suspend certain types of non-immigration work visas, arguing that the former President lacked the authority to do so. US Chamber of Commerce, in a lawsuit, argued that such restrictions on the H-1B visa system violated the Immigration and Nationality Act and that the rules were “arbitrary and capricious.” It further told DHS that such restrictions will hamper US universities from attracting foreign students.

White abolished the rules stating that  Chad Wolf, acting DHS secretary during Trump presidency was “illegally appointed”.  This came after Government Accountability Office (GAO) in the US released a statement saying that acting leaders of the Department of Homeland Security during Trump's presidency have been serving in their roles without Senate confirmation. Acting secretary of DHS, Chad Wolf, and Ken Cuccinelli the senior officials performing the duties of deputy secretary were both appointed illegitimately after an error in the paperwork was spotted, NPR reported.