The Trump administration has appealed in court, against a preliminary injunction against the travel ban for H1-B work visas. It has contested for reimposition of the travel ban. If recent reports are to be believed, Judge Jeffrey White had granted a preliminary injunction and had put a stay order against ‘proclamation’ by US President Donald Trump. It had temporarily banned entry for H1-B visa holders as well as other non-immigrants visa categories.
The ban was supposed to be till the end of 2020. The reason for the stay, was that the US President had exceeded his constitutional authority. The proclamation was purely domestic in nature. It was due to the heavy loss of employment in the pandemic. No foreign or national security affairs were involved therein. The administration from court plans to take the policy-making route.
The Lawsuit Against The Department Of Homeland Security
The lawsuit against the department of Homeland security filed by a host associations National Association Manufacturers. There are several global conglomerates like Apple, Amazon and Microsoft had also filed amicus brief, to show support for the lawsuit. It was a class-action lawsuit, that swept the ground from underneath the feet of a bulk of IS employers. Take for instance, 14,000 US firms are members of National Association Manufacturers.
The proclamation was announced in June 22. There have been many relaxations so far. The stay had indicated that all H1-B visa holders would be allowed to enter the US. Immigration attorney had also said that the US government agencies were relying on judge Mehta’s judgement on the issue. The Trump administration is also relying on a US supreme Court order passed in 2018. It had upheld the president’s travel ban against citizens from Muslim countries.
More Clarification On The Visa Issue
The June ban ends on December 31, 2020. It had affected H1-B, L-1, and F-1 visa categories. It Also impacted long-term visas like EB-2 and EB-3 green cards. It will be important to note, that unless a US government agency makes a national exception, the ban will not have any significant impact. In the meanwhile, it would help to know that US Consular posts are closed now.
In countries like India, the consulates are expected to open only when there is a clear guidance from the governments on the lockdown. About 70 percent of H1-B and L-1 visas are granted to nationals from India, a developing nation. The June ban is unlikely to have any major impact on the IT Giants. H1-B visas are limited in number. A total of 85,000 visas are issued each fiscal. The June ban reportedly impacts Indians the most. They are the largest users of the visa.
The ban has created a lot of upheavals. The litigation that is one is uncertain. An overhaul in US immigration systems may also occur. However, till then it is best left to check the outcome in US courts. Likely closure on the same may be expected soon.