An action against the new presidential proclamation on H-1B has been brought by a group of 174 Indian nationals including seven minors who are not allowed into the United States, or who will not be granted a visa.
Judge Ketanji Brown Jackson appealed to State Secretary Mike Pompeo and Homeland Security Minister Chad Wolf along with the Labor Secretary, on Wednesday at the US District Court in the Columbia district.
The charges were lodged on Tuesday in the US District Court.
“The H-1B/H4 visa proclamation 10052 harms the economy, divides families and threatens Congress,’ says Wasden Banias in a lawsuit filed for the 174 Indian people, “although the two former points render the proclamation unconstitutional, the latter makes it unlawful.’
The proceedings are seeking an order specifying that new H-1B or H4 visa conditions or the entry of new H-1B or H4 visa holders are prohibited. The proceedings The Court also calls on the Department of State to take decisions on pending H-1B and H4 visa applications.
Trump temporarily discontinued issuing visas for H-1B working until the end of the year in its Presidential Proclamation on June 22.
“We must remain attentive to the impact of foreign employees on the US labour market in the administration of our nation’s immigration system, particularly in today ‘s extraordinary environment of high domestic unemployment and depriving employment demand,” Trump declared.
Trump said in his statement, the overall unemployment rate in the United States was nearly fourfold between February and May 2020 – some of the most extreme unemployment that the Labor Statistics Bureau has ever recorded.
Although the May rate of 13.3% represents a substantial decrease in April, millions of Americans remain without jobs.
The proclamation extends its previous executive order which prohibited the issuance of new legal permanent residence green cards until the end of this year. Holders of the Green Card are given open market documents once admitted pursuant to immigrant visas, allowing them to compete for almost every job in any industry, Trump said.
The petition suggests that Congress has laid down rules for the H-1B Visa holders to operate in the U.S. and balanced the needs of the American workforce and employers. Forbes reported the first case lodged by Indian citizens.
“The complaint seeks to protect H-1B professionals, including those with an approved labour certification process, who expect to be given a permanent residence by these individuals as a priority, a wait that may take many years for Indian nationals,” Forbes reported.
In the meantime, Scalia was urged on Tuesday by a number of legislators to reverse the visa ban.
“The President continued to lament the supposed abuses of the immigration system during this period while refusing to tackle the structural issues that have persisted and that have allowed corporations and employers to abuse and underpay the immigrant’s workforce, guest workers and American employees,” the legislation writes.
The letter, signed, amongst other things, by members of the Congress Joaquín Castro, Chairman of the Congressional Hispanic Caucus, Bobby Scott, Chairman of Education and Religious Affairs, said, “It does not only serve to hurt immigrants, the President of the Cuban Parliament and the President but also to reject the problem of the broken labour visa program which is in need of reform.