Washington, D.C. Adhikari Law PLLC. Today, 17 individual and organizational plaintiffs, including institutions of higher education, nonprofit organizations, and businesses, brought a federal lawsuit to enjoin, in its entirety, the Department of Labor Interim Final Rule, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.” The poorly-drafted, improperly-issued rule did not comply with the procedural rules for rule-making and is substantively arbitrary, incorrect, and irrational. Plaintiffs are represented by the American Immigration Lawyers Association (AILA) and attorneys Jeff Joseph, Charles Kuck and and Greg Siskind.
Jesse Bless, AILA’s Director of Federal Litigation stated, “Standing alone, the failure of the government to provide the proper notice and opportunity for comment before making such dramatic changes, requires an immediate relief for plaintiffs. But the arguments against this rule stretch far beyond its unlawful implementation. The increase to the prevailing wages will manifestly not benefit U.S. economic growth or any workers; study after study has shown that H-1B visa holders create American jobs. The regulation has caused immediate and unnecessary harm in every corner of our economy, including academic institutions, nonprofits, hospitals, start-ups, and small businesses. Frankly, the last thing we need during a pandemic and economic turmoil is a rule based on a false and incorrect understanding of the market and American workforce. This will impede our economic recovery, not enhance it.”
Attorney Jeff Joseph, stated, “Dealing with the Department of Labor often feels like The Hunger Games. Everyone is required to play the game, but no one knows the rules and the rules are constantly changing. This is not a game. The fact that the rule was made effective without thinking about the destructive impact it would have on industries and the economy illustrates how out of touch this administration is regarding the symbiotic relationship between legal immigration and the economy.“ Similarly attorney Charles said, “The days when the federal government blatantly ignores the law in its rule-making are over. U.S. universities, employers, and healthcare systems can no longer stand by and watch while the U.S. immigration system is dismantled by a nativist administration and in
contravention of federal law.”
Earlier we had blogged about the similar lawsuit brought by a trade association, ITServe Alliance, challenging DOL’s change in policy in calculating OES prevailing wage and the prevailing wage determination.
Both of these lawsuits seek reversal of DOL’s policy which changed the long-standing methodology of calculation of the prevailing wage levels.
Note: This is a blog post by Adhikari Law PLLC and should NOT be construed as a legal advice. Changes in immigration policies and procedures are complex and may require a consultation with an experienced immigration lawyer.
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