Two more lawsuits have been filed challenging recent Department of Labor (DOL) and Homeland Security (DHS) interim final rules that change how prevailing wages are calculated and redefine “specialty occupation” and the employer-employee relationship, respectively for H-1B temporary worker purposes:

  • Purdue University et al. v. Scalia et al. argues that a DOL interim final H-1B rule was posted “unnecessarily and without regard to the disastrous consequences to the public” and was made effective less than 48 hours later without following the legal requirement for advance public notice or providing an opportunity for comment before the rule was made effective. The lawsuit states that the rule was “unlawfully and intentionally meant to upset the U.S. labor market and disrupt the way businesses operate.” The plaintiffs represent a cross-section of affected academic institutions, businesses, organizations and trade associations.
  • Chamber of Commerce et al. v. DHS et al. alleges that DHS and DOL interim final H-1B rules were promulgated without following the notice-and-comment requirements or rulemaking under the Administrative Procedure Act, exceed the agencies’ statutory authority, and are arbitrary and capricious. U.S. Chamber CEO Thomas J. Donohue said, “[t]he rules being implemented by [DHS and DOL] undermine high-skilled immigration in the U.S. and a company’s ability to retain and recruit the very best talent. If these rules are allowed to stand, they will devastate companies across various industries. The Chamber is proud to join our partners in fighting against these measures that will discourage investment, diminish economic growth, and impede job creation in the U.S.”

These lawsuits follow on the heels of a complaint filed October 16, 2020, by a group of technology consulting firms, ITServe Alliance Inc. et al. v. Scalia et al., which challenges the DOL’s interim final rule on prevailing wages for H-1B workers. The plaintiffs seek a preliminary and permanent injunction to stop DOL from imposing the new wage rates.

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