U.S. Chamber leads coalition of business and higher education plaintiffs in lawsuit to challenge DHS and DOL rules that would devastate high-skilled immigration under the H-1B visa program. The complaint alleges that the DHS and DOL rules were promulgated as final rules without following the notice-and-comment requirements or rulemaking under the Administrative Procedure Act, and also exceed the agencies’ statutory authority and are arbitrary and capricious.
U.S. Chamber leads coalition in filing motion for preliminary injunction and partial summary judgment against DHS and DOL rules that would fundamentally undermine the H-1B visa program for employers. The motion argues that the agencies violated the Administrative Procedure Act in failing to follow notice-and-comment rulemaking before making the rules final.
U.S. Chamber and coalition of plaintiffs file reply brief in support of motion for preliminary injunction and partial summary judgment, arguing that DHS and DOL failed to follow notice-and-comment procedures before finalizing H-1B regulations that will cost employers billions of dollars.
U.S. Chamber successfully blocks DOL & DHS’s attempt to rewrite the H1-B, etc. visa rules without notice and comment. The U.S. Chamber led a coalition of business and higher education plaintiffs in this lawsuit challenging DHS and DOL rules that would devastate high-skilled immigration under the H-1B visa program
U.S. Chamber leads coalition filing amended complaint to challenge two new regulations: the Labor Department’s final Prevailing Wage Rule and the Homeland Security Department’s Lottery Rule, both of which drive up wages for employment-based visas, pricing skilled laborers out of the U.S. market.
District Court grants the Chamber’s motion for leave to amend its prior complaint, which challenged the interim DOL prevailing wage rule, to add claims challenging the final prevailing wage rule and the DHS lottery rule. As a result, the very capable judge who presided over our earlier, successful challenge will decide our new challenges.
In response to the government’s motion for a voluntary remand of the Prevailing Wage Rule, U.S. Chamber and coalition file response emphasizing the need for vacatur of the rule, which the government does not oppose.
District Court vacates and remands the Labor Department’s Prevailing Wage Rule, which would have priced many skilled laborers out of the United States market. The Chamber’s challenge to the Homeland Security Department’s Lottery Rule will continue.
U.S. Chamber files motion for summary judgment against the Department of Homeland Security’s 2020 Lottery Rule for H1-B applicants.
U.S. Chamber files reply in support of its motion for summary judgment, and opposition to the government’s cross-motion for summary judgment, in challenge to the Department of Homeland Security’s Lottery Rule, which would price many skilled laborers out of the U.S. market.
District court vacates Department of Homeland Security’s Lottery Rule. The court previously vacated the other immigration regulation challenged in this case, the Department of Labor’s Prevailing Wage Rule. The U.S. Chamber filed suit this spring, leading a coalition challenging both rules.