Agency Rule Prioritizing Visas for High-Wage Workers Set Aside

Sept. 16, 2021, 4:17 PM UTC

A 2019 rule that prioritizes H-1B visa applications for high-income workers has been set aside, after the U.S. District for the Northern District of California decided it was unlawfully implemented.

Chad Wolf wasn’t lawfully appointed acting secretary when the rule was approved, the court said Wednesday, granting plaintiffs’ motion for summary judgment.

H-1B visas enable employers to hire foreign professionals for certain specialty occupations. As part of their sponsorship of a would-be employee’s visa application, they make certain representations regarding the wages they will pay.

The number of H-1B visas issued each year is capped at 65,000, plus an additional ...

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