December 1: Decision Sets Aside H-1B Rules

The U.S. District Court, Northern District of California, has set aside both the Department of Labor wage rule that went into effect on October 8 and the Department of Homeland Security/USCIS rule to revise the specialty occupation definitions and employer-employee definitions, set to take effect on December 8. Cornell University was a plaintiff in this lawsuit, with the U.S. Chamber of Commerce and many other institutions and associations.

This judgment allows International Services to utilize DOL wage data in place before October 8 for our H-1B, E-3, and PERM (aka EB-2) petitions. In rejecting the narrowing of the “specialty occupation” definition, the decision also reduces the probability of increasing USCIS requests for evidence to show that positions meet the specialty occupation standard. Read more about the decision.

The decision is wonderful news for everyone who would have been negatively impacted by these rulings—for our international faculty and staff, for the university, and for graduating students who may later seek H-1B employment in the U.S. workforce.