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A group of outsourcing companies that use the H-1B visa to fill U.S. jobs with foreign workers have filed a lawsuit claiming recent U.S. government restrictions on the visa program are illegal.
The legal action attacks a February policy change by U.S. Citizenship and Immigration that imposed tighter requirements on outsourcers seeking H-1B visas, which are intended for jobs requiring specialized skills and a bachelor's degree or higher.
[...] The new H-1B rules single out outsourcing firms and require that they provide evidence proving a worker will perform a specialized job, and that the job match the work specified on the visa application.
In the suit, two companies and a consortium that has been lobbying Congress over H-1B restrictions claimed Citizenship and Immigration lacked the authority to make the rule changes, and that the alleged over-reach violates the U.S. Administrative Procedures Act.
[...] The companies and group filing suit claim the new H-1B requirements will "choke out" their work by denying them H-1B visas and visa extensions.
"Without sufficient employees to meet their clients' needs, Plaintiffs will suffer irreparable harm to reputation and ability to compete," the suit said.
(Score: 3, Interesting) by Spamalope on Tuesday May 08 2018, @07:25AM
The H1-B sponsor is required to withhold and remit income tax for the H1-B workers based on the specified application salary not actual pay. Any short falls must be paid by the sponsor not employee. (i.e. game that all you want)
How is that for enforcement? Bring the IRS in...