A proposed Donald Trump-era rule to replace the current H-1B cap lottery system with a wage-level-based selection procedure has been knocked down by a federal judge in the United States.
U.S. District Judge Jeffrey S. White A Trump-era H-1B cap selection regulation was nullified by the Northern District of California District Court on the basis that then-Acting Homeland Security Secretary Chad Wolf was not lawfully operating in his post at the time the regulation was adopted.
The judge ruled in favour of the United States on Wednesday. According to the court ruling submitted by the Chamber’s litigation centre, the Chamber of Commerce filed a motion for summary judgement in the complaint challenging the regulation.
The H-1B visa is a non-immigrant visa that allows American businesses to hire foreign workers in specialised vocations that require theoretical or technical knowledge. Technology businesses rely on it to hire tens of thousands of workers from countries like India and China each year.
Each year, a total of 65,000 H-1B visas are given, with an additional 20,000 allocated for persons with advanced degrees. The current application selection process is a combination of first-come, first-served and a lottery.
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