In a striking rebuke of the TrumpAdministration’s attempts to dismantle legal immigration, the U.S. DistrictCourt for the Northern District of California has set aside both (i) the DHSinterim final rule (IFR), Strengthening the H-1B Nonimmigrant Visa ClassificationProgram, and (ii) the DOL IFR, Strengthening Wage Protections for the Temporaryand Permanent Employment of Certain Aliens in the United States.  

This twin-killing of Trump policy doesseveral things:

  • It reinstates the prior DOL OES wagesurvey back to the formula that has been in place for more than a decade.
  • It resets H-1B law, allowingthird-party placement, three year-approval notices and a fuller range ofapprovable H-1Bs. 

The Court’s decision, which was issuedlast night, said that, the Administration, “failed to show there was goodcause to dispense with the rational and thoughtful discourse that is providedby the APA’s notice and comment requirements.” MU Law will provide updates as more information is available.