Weekly Round-Up: Wage-Based Visa System; Health Insurance; Vulnerable Immigrants : Immigration Law Blog

Lawsuit Filed to Block H-1B Visa Wage Precedence Rule

On Monday, a number of organizations filed an motion in a Washington, D.C., federal court docket to dam the implementation of a wage-based rule that may exchange the H-1B visa lottery system – designated for high-skilled overseas employees – with a program that favored higher-paid positions. The rule, initially launched by former President Trump, was to be efficient in March 2021, however the Biden administration has delayed implementation till not less than the tip of the 12 months, so as time to develop and implement the adjustments.

The plaintiffs – a bunch comprising nonprofit organizations and numerous commerce teams, together with Physicians for American Healthcare Entry, Humane Society of New York, Dentists for America, and others – declare that the rule favors employees with non-public corporations in costly city areas, which might make it tough for nonprofit organizations to compete for overseas workers.

In placing forth the rule, USCIS initially declared that the H-1B program was being exploited by employers and that the lottery system made it tough for companies to make hiring plans and entice the perfect overseas employees. Critics of the present H-1B visa rule said it could make it laborious for corporations in a variety of industries which can be additionally situated in lower-cost areas, to satisfy their hiring wants, and that precedence wage ranges improperly worth workers primarily by their salaries.

Well being Insurance coverage Requirement for New Immigrants Rescinded

In a latest announcement, President Biden revoked a proclamation that barred entry to immigrants who had been unable to show that they had medical insurance or would be capable of cowl well being care prices. The unique proclamation, issued by former President Trump in October 2019, required all intending immigrants to supply proof of U.S. medical insurance inside 30 days of arrival in america or present proof of monetary property to pay “moderately foreseeable medical prices.”

In November 2019, a federal decide blocked the well being care requirement earlier than it might take impact; however on the finish of 2020, the Ninth Circuit Courtroom of Appeals upheld the proclamation. With President Biden in workplace, the rule was not enforced.

Biden Administration to Allow Susceptible Migrants Entry into the U.S.

In an exception to the present coverage that blocks most households and single adults from crossing the U.S.-Mexico border, the Biden administration introduced that it’s going to permit as much as 250 “significantly weak” immigrants into the U.S. daily. Those that would profit from this program will embrace those that are in poor health, households with very younger youngsters, and immigrants who had been threatened and/or attacked whereas ready in Mexico. This exception is a part of a negotiation between the American Civil Liberties Union and the U.S. authorities over the enforcement of measures taken by the Facilities for Illness Management and Prevention meant to cease the unfold of COVID-19.

A spokesperson for the Division of Homeland Safety mentioned the present administration is working to streamline a system for “figuring out and lawfully processing significantly weak people” who qualify for an exception below Title 42. These people would be a part of sure unaccompanied youngsters and households who’ve already been allowed to enter the U.S.