Fed Judge strikes down Trump administration rules restricting H-1B CAP Cases
As many of our readers and subscribers know, The Trump Administration has put forward new rule changes on the H-1B CAP process that occurs in March. The new rule changes would have changed CAP selection from an application system or the old Lottery system to a system based entirely upon highest offered prevailing wage.
This rule change would have priced out many H-1B applications and petitions and made it so that the highest salaried workers are CAP Selected.
In an unsurprising event, A Federal court has struck down this proposed rule change due to procedural issues. There was not sufficient time for procedural rules to be given appropriate time for comments and review.
While this is good news for many of our readers and clients, there is still a chance that this case would be appealed to a higher court. With the Inauguration coming up, appeals and additional court cases may be to late to enact any meaningful litigation. Despite this victory, Our Firm will remain vigilant for any updates on this issue.
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