US District Court (NDC) Halts DHS/DOL H-1B Interim Rules

To the relief of many seeking temporary employment in the US, US employers, vital critical infrastructure-related industries, immigration advocates, and immigration lawyers, on December 1, 2020, the US District Court for the Northern District of California set aside the following interim rules:

• The US Department of Homeland Security's (DHS) Strengthening the H-1B Nonimmigrant Visa Classification Program; and
• The US Department of Labor's (DOL) Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.

In the District Court's decision, the Court stated that the interim rules were "promulgated in violation of 5 USC section 553(b)," and that DHS and DOL "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." The case was filed by US Chamber of Commerce, the National Association of Manufacturers and other