Lawsuit – New DOL and DHS Rules

Court sets aside both the DOL and DHS H-1B regulations. These regulations sought to destroy the H-1B program

The U.S. Chamber of Commerce, Universities and other business groups filed lawsuits to challenge two new immigration regulations that were declared on a fast track by the Departments of Labor (DOL) and Homeland Security (DHS).




The plaintiffs in three federal lawsuits assert that DOL and DHS did not properly follow federal procedure when they published the regulations without providing advance notice or an opportunity for the public to provide feedback. 

“The rules being implemented by the Departments of Labor (DOL) and Homeland Security (DHS) undermine high-skilled immigration in the U.S and a company’s ability to retain and recruit the very best talent.” U.S Chamber CEO Thomas J. Donohue said in a statement Monday.

Though it may be several weeks or more before courts rule on those requests. In the meantime, the DOL rule will remain in effect; the DHS rule is set to take effect on December 7.


The State Department has released a proposal to eliminate an option available in certain limited circumstances for foreign workers to obtain a B-1 business visitor visa “in lieu of” an H-1B specialty occupation or H-3 trainee visa in Federal Register. The agency has provided a 60-day public comment period.

The B-1 visa classification is generally available to foreign nationals who will enter the United States to perform legitimate business activities while remaining employed abroad.


District Judge Emmet G. Sullivan 



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