Northern California District Court Strikes Down H-1B Program Changes

Key Points

• On December 1, 2020, a U.S. District Court in California struck down H-1B visa restrictions
• The case concerns rules issued immediately by DOL and DHS without a 30-day public notice and comment period
• The court ruled that the DOL and DHS violated APA requirements upon implementing their interim final rules for the H-1B program
• The ruling prevents changes to the H-1B program regarding eligibility requirements and minimum salary requirements for H-1B beneficiaries

Overview

On December 1, 2020, the U.S. District Court for the Northern District of California decided that the interim rules for the H-1B program issued by the Department of Labor (DOL) and Department of Homeland Security (DHS) were invalid. The court granted Plaintiffs' (U.S. Chamber of Commerce) motion for a partial summary judgment and denied Defendants' (U.S. Department of Homeland Security) cross-motion.