A U.S. District Court judge in Silicon Valley today partially ruled against U.S. President Donald Trump’s H1B freeze.Justice Jeffery White said Mr. Trump’s ban went beyond the president’s mandate because the work visa program was within the purview of the U.S. Congress. The judge nominated by President George W. Bush in 2002.
President’s H1B work visa freeze rejected by the judge
In June, President Donald Trump signed an executive order temporarily suspending some visas until the end of the year during the outbreak. The types of visas affected include: H1B (Technical Work Visa), H2B (Short-Term Work Visa), H4 (H1B Spouse Visa), L1 (Multinational Corporation Manager Visa) and J1 (Visiting Scholar Visa). People are not affected if holding a valid visa and are in the United States.
Several influential U.S. industry associations, including the National Association of Manufacturers, the U.S. Chamber of Commerce, the National Retail Federation and several other influential U.S. companies, subsequently sued the U.S. State Department and the Department of Homeland Security in U.S. District Court for the Northern District of California, asking a judge to reject an appeal against the work visa ban.Silicon Valley tech giants are also members of these major industry associations.
Reflections of various industries
52 U.S. technology companies like Apple, Google, Microsoft, Amazon, Intel, Adobe, Netflix, SalesForce, Facebook, Twitter, PayPal, Box and Uber, filed a “friend of the court” petition in court, clarifying their positions and claims in the work visa freeze case.
They oppose H1b’s work visa program, arguing that it would hurt U.S. technology industry, discourage the recruitment of high-tech talent and hurt U.S. economy.
H1B work visas are the main source of recruitment for foreign high-tech talent in the U.S. tech industry. Three-quarters of the 85,000 H1B work visas used each year in the technology industry, with Google, Apple, Microsoft, Amazon and Facebook alone spending 27,000 in 2019. India and China.U.S. State Department has the highest number of H-1B work visa applicationsstatistics for April showed that the two countries accounted for more than 80 percent of applications (67.7 percent in India and 13.2 percent in China).
By estimated, 219,000 overseas workers who should have been on H1 work visas would be unable to enter the country because of Trump’s executive order in June. H1B need renewed annually if you leave the United States. H1B is a non-immigrant visa that must be applied for by the employer. A new employer will be required within 60 days to extend his visa or he or she will lose his or her work visa and be forced to leave the United States if an H1B holder leaves the United States.
Several trade associations, said the White House executive order was a serious violation of Congress’s laws on high-tech and temporary workers. Although the president has broad executive powers under U.S. immigration law Section 212(f) to prevent foreigners from entering the country, the immigration law does not authorize the president to completely stop effectively implementing the law.
Because the new covid-19 outbreak had severely affected american lives and created widespread unemployment, Trump said the work visas were frozen . Measures must be taken to temporarily ban overseas workers from entering the country and prevent them from taking away american citizens’ jobs to ensure that Americans get priority jobs in the economic recovery process.
This claim relentlessly refuted by the tech industry. the admoeth opinion, signed jointly by 52 technology companies said “U.S. law requires the president to take steps to protect U.S. interests, but the president’s approach is against U.S. interests, there is indisputable evidence that freezing these key non-immigrant work visa programs will only stifle innovation, hinder growth, and ultimately cause irreparable damage to the interests of American workers, businesses and the economy. “
52 technology companies said the president’s order had no basis in fact and did not take into account the consequences. Trump thinks freezing work visas will protect domestic workers, but will only damage U.S. companies. Instead of robbing Americans of their jobs, high-tech immigrants will create more jobs in the United States.
The White House does not revoke
White House did not rescind the executive order freezing H-1B work visas. The State Department, relaxed rules in August to allow foreign nationals.State Department allowed technical professionals and high-level executives into U.S. .
More information about:
- Trump will not restrict on US economy over the pandemic
- Donald Trump praise Shinzo Abe as Japan’s best-ever Prime Minister
Prepared by:Lap Seng