H-1B lawsuit filed against US Department of Labour

Seventeen individuals and organisations, including universities and businesses, have filed a lawsuit against the US Department of Labour challenging its recent Interim Final Rule on wages related to H-1B visas.

The lawsuit filed in the US District Court for the District of Columbia on Monday alleged that the poorly-drafted and improperly-issued rule did not comply with the procedural rules for rule-making and is substantively arbitrary, incorrect and irrational. The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. It is most sought-after among Indian IT professionals.

“The increase to the prevailing wages will manifestly not benefit US economic growth or any workers; study after study has shown that H-1B visa holders create American jobs,” Jesse Bless, director of federal litigation at the American Immigration Lawyers Association (AILA), claimed.