Posted on 12/02/2020 9:24:20 AM PST by NobleFree
A federal judge in California on Tuesday blocked badly needed reforms in the H-1B program, seemingly largely on the grounds that the new rules were rushed through, in violation of the Administrative Procedure Act, according to articles in Law360 and Politico.
The administration, after not making these changes for more than three and a half years, argued that the Covid-19 crisis gave them the opportunity to issue the new regulations without going through the normal comment and review process. U.S. district court judge Jeffrey White, a Bush II appointee, did not buy that argument.
Two different sets of new regulations were involved. Of the two, the one by the U.S. Labor Department was the more significant, and more potentially useful to American workers, as we noted earlier. It called for higher wages for the H-1B workers, usually in the high-tech fields, and usually from India. The wage rates, set by a new formula and much closer to the norm, would have increased the costs to employers and thus — perhaps — encouraged them to offer more jobs to U.S. citizens and green card holders. Predictably, the employers moved quickly to restore the status quo.
DHS had a different set of new regulations, tightening the program's definitions and, in Politico's description, limiting "the types of occupations that H-1B workers could qualify for and how long certain beneficiaries could stay in the U.S. The rule change stated that a position would not qualify 'if attainment of a general degree, without further specialization, is sufficient to qualify for the position.'"
The proposed DHS regulations would also have tended to increase the costs, and decrease the convenience of the program, for employers.
Will the incoming Biden administration, which says it is all in favor of the working man, appeal Judge White's decision? Who knows. If so, it would go to the immigrant-friendly Ninth Circuit.
Just looking after their voters.
Just looking after their voters.
***********
Who will quickly grow into an insurmountable majority.
These sort of lawsuits are supposed to be run through the DC Federal Court, but ever since Trump was elected, federal judges think they have jurisdiction over the Administration no matter where they are.
SCOTUS needs to slap this behavior down.
Yup. If you don’t have the support of the citizens, import new ones.
>>Will the incoming Biden administration, which says it is all in favor of the working man, appeal Judge White’s decision?
Depends on how much the 10% to the “Big Guy” amounts to.
Going back to '86, '65 and before.
California is a satellite province of China.
My lil rural docs office had an H-1B doc from India. She lasted a month.
The Bushites are coming out of the hills,, and from out underneath their benches. Flee!!
Who will quickly grow into an insurmountable majority.
That has always been the plan.
Going back to '86, '65 and before.
And yet there remain Free Traitors on FR who insist we must leave the immiagration floodgates wide open.
The Trump administration has been very slipshod on reducing legal immigration.
Trump was “American First”
Democrat thugs are: “White Liberal Elites First”...
In this case, the Trump administration was "America When We Get Around To It":
"The administration, after not making these changes for more than three and a half years, argued that the Covid-19 crisis gave them the opportunity to issue the new regulations without going through the normal comment and review process."
This is good news at least for health care. There are plenty of places, mostly rural, that wouldn’t have a doctor without H-1B.
“Just looking after their voters.”
Indian and Indian-American techies. In Big Tech, Silicon Valley, Big Data, Big Bio.
Indian coders inside our apps, inside our business and gov and doctors’ software.
Loving the idea of an Indian-American VPOTUS.
I'm not sure the best answer to a rural doctor shortage is to let H-1Bs suppress wages nationwide - but at least in that case there's a genuine need, which is manifestly not the case in the tech or financial sectors.
Gee couldn’t that reason be used to all the changes to voter laws in States which effect a Federal Election? Just asking for a friend.....
Sorry, I'm not following you - what reason?
The Deplorables want a Comprehensive Immigration Enforcement bill, missing since 1986 ONE TIME amnesty. Since that amnesty was granted already, a second amnesty is off the table. What remains is the enforcement the Democrats have disallowed since then.
The List of Comprehensive Immigration Enforcement, missing since 1986 goes like this -
1) southern barrier;
2) require eVerify to hire;
3) end all chain migration;
4) birthright per Minor v. Happersett (plural parents);
5) end work visas;
6) 10-year moratorium on all new applications for citizenship (40 years to allow workplace automation effects on downsizing population);
7) Set up an illegal aliens’ victim restitution fund.
Enactment of these provisions will motivate illegal aliens to SELF-deport, and remove colonizadors from our welfare rolls.
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