WASHINGTON, DC — Judge Jeffrey S. White of the United States District Court for the Northern District of California issued an order blocking two H-1B regulations proposed by the Trump Administration to restrict the ability of U.S. companies to hire foreign-born employees on H-1B visas.

The Department of Homeland Security Interim Final Rule was set to go into effect December 7, but will not as a result of today’s ruling. The Department of Labor Interim Final Rule went into effect October 8, and is now no longer in effect.

FWD.us President Todd Schulte issued the following statement:

“Today’s ruling is great news for Americans, and for the ability of the U.S. to remain the top destination for talented individuals – including international graduates of American universities – who are looking to contribute their skills here and build a stronger economy. These rules were another rushed attempt by the Trump Administration to restrict legal immigration. If implemented, they would be deeply harmful to both American families and our nation’s global competitiveness by imposing obligations completely disconnected from real world labor markets.

“Yet again, a federal judge has ruled that the Trump Administration has failed to show good cause in their efforts to slash legal immigration. As we look forward to a new administration, we call upon policymakers not only to commit to rolling back anti-immigrant efforts by the outgoing administration, but to prioritize creating a modern, working and humane immigration system through legislation and administrative reform, centered on a pathway to citizenship. The future of our nation’s economic security and growth stems in part from the contributions of hardworking immigrants; we must work to ensure we are a welcoming nation and reject scapegoating people that are a cornerstone of our country’s economic engine.”

Background
In his ruling, Judge Jeffrey S. White of the United States District Court for the Northern District of California wrote:

“The COVID-19 pandemic has wreaked havoc on the nation’s health, and millions of Americans have been impacted financially by restrictions imposed on businesses, large and small, during the pandemic; the consequences of those restrictions has been a fiscal calamity for many individuals. However, “[t]he history of the United States is in part made of the stories, talents, and lasting contributions of those who crossed oceans and deserts to come here. The National Government has significant power to regulate immigration. With power comes responsibility, and the sound exercise of national power over immigration depends on the Nation’s meeting its responsibility to base its laws on a political will informed by searching, thoughtful, rational civic discourse.” Arizona v. United States, 567 U.S. 387, 416 (2012).

“For the reasons set forth above, Defendants failed to show there was good cause to dispense with the rational and thoughtful discourse that is provided by the APA’s notice and comment requirements. Accordingly, the Court concludes that Plaintiffs are entitled to judgment in their favor on their first two claims for relief, and the Court sets aside the Rules on the basis that they were promulgated in violation of 5 U.S.C. section 553(b). The Court finds no just reason for delay, and it shall enter a partial judgment on those claims pursuant to Federal Rule of Civil Procedure 54(b).”