Judge Says USCIS Wrongly Changed Guest Worker Policies

Law360 (March 10, 2020, 10:40 PM EDT) -- U.S. Citizenship and Immigration Services improperly retooled the H-1B guest worker program, a D.C. federal judge said Tuesday in a ruling that impacts dozens of suits lodged by information technology firms that are challenging the new standards for securing specialized worker visas.

U.S. District Judge Rosemary M. Collyer struck down USCIS' new interpretation of what constitutes an employee-employer relationship for the purposes of an H-1B visa, which allows a temporary stay in the U.S. for work-related reasons.

Judge Collyer said the agency had "improperly avoided the rulemaking process" in adopting overly stringent requirements for proving the existence of an employment relationship....

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