Administrative Procedure Act

As we previous reported, on October 30, 2020, Proskauer filed an amicus brief on behalf of 25 leading colleges and universities in support of a preliminary injunction, and, in the alternative, for partial summary judgment sought by the U.S. Chamber of Commerce in the Northern District of California against Interim Final Rules issued by the U.S. Departments of Homeland Security and Labor.  The new Rules would have substantially limited the ability of academic institutions to employ thousands of highly skilled international workers through the H-1B, H-1B1, E-3, EB-2, and EB-3 visa programs.  Because DHS and DOL issued the Interim Final Rules without providing the required notice-and-comment period under the Administrative Procedure Act (“APA”), these colleges and universities did not have the chance to weigh in on the effect the Rules would have on their institutions.  Proskauer’s amicus brief gave these academic institutions an opportunity to have their voices heard and to educate the Court regarding the Rules’ significant impact on both international workers and the institutions that benefit from their groundbreaking contributions.