On this day, when the legal immigration world should be celebrating an incoming President that, at the very least, will not be anti legal immigration, we are still reading and trying to understand the implications of the new rules announced in the past week. Here is a link to a great summary from our friend Stuart Anderson. Many of the new rules target healthcare and IT occupations and employers. We will provide updates as actions are taken by President Biden.
In a series of recent Federal Court decisions, rulings have been issued declaring that the USCIS at the direction of the Trump Administration have been illegally denying H-1b visas on grounds that have no legal or factual basis. A nice summary of these cases can be found in this recent Forbes article. The article, written by immigration policy expert, Stuart Andreson from NFAP, contains links to the actual cases if you want to read the full opinions. With Federal Court adverse decisions coming from multiple courts with a mix of Republican appointed and Democrat appointed judges and with no reversals from any Federal Appellate Court, one has to wonder at what point the USCIS gets tired of being punched in the mouth and throws in the towel and returns to actually following the law as it is written ? (maybe only Stephen Miller can answer that question ?) These cases were all brought by Heavyweight Champ Jonathan Wasden. Kudos to him and his firm. Litigators extraordinaire !
In a question that can only be described as rhetorical for anyone that has been following the actions of the USCIS under the Trump Administration, a Federal Court Judge is exploring whether the attacks on the H-1b visa are without merit and done intentionally to undermine Congressionally enacted statutes, properly enacted regulations and long-standing Agency and Court precedents for political gain. Check out this recent Forbes article. We will continue to closely follow this Court case and provide updates as available.