US court reverts to original H-1B visa selection process |
US court reverts to original H-1B visa selection process
A US court has rejected the proposed Trump-era proposed change to the current H-1B visa system. This judgment has been welcomed by Indian IT giants. The current system for selecting applications for consideration is a hybrid of first-come, first-served and a lottery. Judge Jeffrey S White of the US District Court for the Northern District of California vacated a Trump-era H-1B cap selection regulation on the grounds that then-Acting Homeland Security Secretary Chad Wolf was not lawfully serving in his role at the time the regulation was promulgated. The judge granted the US Chamber of Commerce`s motion for summary judgment in the its lawsuit challenging the regulation, according to the court order uploaded by the Chamber`s litigation centre. 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. Technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.
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