H-1B visas Court could rule against Trump Administration

Hello friends, this article is about "H-1B visas"

The administration’s actions from April 18, 2017, when Donald Trump signed a "Buy American and Hire American" executive order to justify restrictions against high-skilled foreign nationals who work on H-1B visas and their employers to the recent U.S. Citizenship and Immigration Services (USCIS) policy memo issued on February 22, 2018, have all been stands against welcoming skilled foreign workers from countries like India.
One of the extracts from the memo says, “Making clear that U.S. Citizenship and Immigration Services (USCIS) may request detailed documentation to ensure a legitimate employer-employee relationship is maintained while an employee is working at a third-party worksite.”
In fact, this memo in question is now facing the scrutiny of the U.S. District Court, District of New Jersey. In the case of Small and Medium Enterprise Consortium (SMEC) vs. the U.S. Department of Homeland Security (DHS), filed by immigration attorney Jonathan Wasden, a ruling on the injunction could come anytime now in the month of July.
The bone of contention here is how DHS defines the term “employer” and prevents U.S. companies to hire technical talent from overseas. Through this controversial February 2018 memo, the U.S. Citizenship and Immigration Services (USCIS), makes it virtually impossible for H-1B visa holders to provide services to US-based companies.
“The suit is asking the court to require USCIS to follow the legal process for making regulations and rules,” said Wasden in an interview. “Congress created the Administrative Procedure Act (APA) to prevent random and erratic government action. The issues we are challenging were created without going through APA’s requirements. If the agency had followed the law when making regulations we would not be in this mess right now.”
While the recent development to revoke work permits causing a loss of 1 lakh jobs establishes the approach of this administration towards foreign workers with valid US Visas and their spouses, it would be interesting to see how this lawsuit filed against USCIS pans out in the US Court. The implications of the court case on the H-1B policy memo will decide the fate of many aspirational Indian tech workers who wish to work in the United States.

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