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MEMA Joins Amicus Brief to Support Suit Against New H1B Visa Rules

Date: November 3, 2020

MEMA has joined 45 other prominent companies and associations in supporting an October 19 legal challenge to new Department of Homeland Security (DHS) and Department of Labor (DOL) rules that make it harder for American companies to obtain H1B workers. The challenge to these rules, filed in the Northern District of California Federal Court, by the U.S. Chamber of Commerce, the National Association of Manufacturers, the National Retail Federation, Stanford University, Cornell University, and others, makes the case against these rules citing adverse economic impacts and suspect legal procedures. Our amicus brief focuses on these issues, with the goal of obtaining a preliminary injunction against these federal rules:

“The new DHS and DOL Rules will dramatically reduce U.S. businesses’ ability to hire these skilled foreign workers—one senior DHS official estimated that they will render ineligible more than one-third of petitions for H-1B visas,” the brief reads. “That will significantly reduce the economic benefits provided by the H-1B program, stunt the U.S. economy’s recovery from the pandemic, and lead to greater reliance by U.S. companies on operations outside of the United States—inflicting long-term damage to our Nation’s economic growth.”  

In addition, the brief states that, “Defendants cannot demonstrate the ‘good cause’ required to finalize rules without prior notice and comment, as they did with respect to the DHS and DOL Rules.”

The brief also notes that these 45 organizations “have deep experience with the H-1B visa program and its very significant benefits to individual companies, the U.S. economy, and U.S. workers.” Among the organizations joining MEMA on the amicus brief are: Apple, Cummins, Google, the Nielson Companies, and the Semiconductor Industry Association.  

MEMA also opposed the June 2020 proclamation by the Trump administration that suspended the award of all H1B, H2B, J, and L Visas through 2021. 

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