H-1B Lottery Litigation Update ...
PRESS RELEASE – May 18th, 2021 - The US Immigration and Nationality Lawyers and Immigration Staff at the Nachman Phulwani Zimovcak (NPZ) Law Group, PC fully support the litigation case filed by five nonprofit organizations and businesses, represented by the American Immigration Lawyers Association (AILA), Jeff Joseph of Joseph and Hall PC, Charles Kuck of Kuck Baxter Immigration LLC, and Greg Siskind of Siskind Susser PC.
The litigation seeks to enjoin the final rule published January 8, 2021 entitled “Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions”, which is also known as the H-1B lottery rule.
Jesse Bless, AILA’s Director of Federal Litigation stated, "This rule has been unlawful since its inception under the Trump administration and promulgation under former DHS official Chad Wolf. District courts have repeatedly and unanimously ruled that Mr. Wolf lacked the authority to change immigration policy. Even if Mr. Wolf could have promulgated the H-1B rule, it’s substantively unlawful because it directly contravenes U.S. immigration law. Choosing highly-skilled workers solely on the basis of wages arbitrarily aligns a worker’s pay with value, something wrong and unAmerican.
David Nachman, Esq., one of the Managing Attorneys at the NPZ Law Group states: “We fully support the lawsuit brought by our brethren as the proposed rule is discriminatory in favor of the largest and wealthiest of businesses. Smaller and rural businesses are left out of the lottery for reasons that are arbitrary.”
The H-1B visa system is designed to protect US workers using the Labor Condition Application - Form 9035 - which must be approved by the US Department of Labor before the H-1B case can be approved by the US Department of Homeland Security.”
As business immigration lawyers, here at NPZ, we strive to continue to keep our clients (and the general US employer community) apprised routinely about H-1B and LCA matters. For more information about how this new rule may have an impact you or your business, please feel free to call us at 201-670-0006 or email us at info@visaserve.com
