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New Suit Challenges H-1B Visa Wage Rule As Unlawful

By Sarah Betancourt (May 17, 2021, 9:40 PM EDT) -- A humane society, two health care organizations and others sued the Biden administration Monday over a Trump-era policy to award H-1B specialty occupation visas by salary, not the random lottery dictated by the Immigration and Nationality Act.

In a complaint filed in D.C. federal court, the organizations said a January 2021 rule that makes the H-1B visa selection process dependent on wage level is unlawful because then-acting Homeland Security Secretary Chad Wolf didn't have the authority to make the policy change. In addition, the INA dictates that the selection process for H-1B applicants will be based on the order in which...

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