Ban on H-1B hurts US economy, separates families: 174 Indians sue


The lawsuit was filed Tuesday in the US district court.

Washington: A group of 174 Indian nationals, including seven minors, filed a complaint against the recent presidential proclamation on H-1B which would prevent them from entering the United States or a visa would not be issued to them.

Judge Ketanji Brown Jackson of the United States District Court for the District of Columbia on Wednesday issued a summons to Secretary of State Mike Pompeo and Acting Secretary of Homeland Security Chad F Wolf and the Secretary of Labor Eugene Scalia.

The lawsuit was filed Tuesday in the US district court.

“The proclamation 10052 H-1B / H-4 visa ban hurts the economy of the United States, separates families and challenges Congress. While the first two points make it improper, the last point makes it illegal, “said the lawsuit filed by a lawyer. Wasden Banias on behalf of 174 Indian nationals.

The trial seeks an order declaring the restriction of the presidential proclamation on the issuance of new H-1B or H4 visas or the admission of new H-1B or H-4 visa holders as illegal. He also urged the court to compel the State Department to render decisions on the pending H-1B and H-4 visa applications.

In his presidential proclamation of June 22, Trump temporarily suspended the issuance of H-1B work visas until the end of the year.

“In administering our country’s immigration system, we must remain aware of the impact of foreign workers on the US labor market, especially in the current extraordinary environment of high domestic unemployment and depressed demand for labor. “Said the proclamation issued by Trump. .

In his proclamation, Trump said that the overall unemployment rate in the United States had almost quadrupled between February and May 2020 – producing some of the most extreme unemployment ever recorded by the Bureau of Labor Statistics.

While the 13.3% rate recorded in May reflects a marked drop from April, millions of Americans remain unemployed.

The proclamation also extended until the end of the year its previous executive decree which had prohibited the issuance of new green cards for legal permanent residence. Green card holders, once admitted under immigrant visas, are granted “on the market” employment authorization documents, which allows them to be immediately able to compete for almost any job in any sector of the economy, said Trump.

Forbes, who first reported the lawsuit brought by Indian nationals, said the complaint indicated that Congress had specified the rules under which H-1B visa holders could work in the United States and balanced the interests of workers and American employers.

“The complaint aims to protect H-1B professionals, including those who have successfully completed the labor certification process and who have approved immigrant petitions. These people are waiting for their priority date to obtain permanent residence, a wait that can take many years for Indian nationals, “Forbes reported.

Meanwhile, several lawmakers urged Scalia on Tuesday to cancel the work visa ban.

“Throughout this administration, the President has continued to deplore the alleged abuses of the immigration system while failing to resolve the systemic problems that persisted and allowed businesses and employers to exploit and under- pay immigrant workers, guest workers and American workers, “wrote lawmakers. .

“This erroneous attempt by the President to scapegoat immigrants for political setbacks during the pandemic not only serves to harm immigrants, but dismisses the real problem of a broken work visa program that desperately needs a reform, “said the letter, which among others was signed by members of Congress Joaquin Castro, president of the Congressional Hispanic Caucus; Bobby Scott, Chair of the Education and Labor Committee and Karen Bass, Chair of the Congressional Black Caucus.


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