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.
U.S. Departments of Homeland Security and Labor
Proskauer Files Amicus Brief on Behalf of 25 Leading Colleges and Universities Challenging New DHS and DOL Interim Final Rules Restricting H-1B and Other Visa Programs
On October 30, 2020, Proskauer filed an amicus brief on behalf of 25 leading colleges and universities in support of a preliminary injunction 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 substantially restrict eligibility for the H-1B, H-1B1, E-3, EB-2, and EB-3 visa programs relied upon by academic institutions to employ thousands of highly skilled international workers. In doing so, the new Rules will negatively impact workers who, through the universities and academic medical centers that employ them, provide critical contributions to the research that drives our nation’s scientific progress, public health, and economic vitality.
The amicus brief gives voice to academic institutions that were previously unable to make their concerns known because DHS and DOL issued the Interim Final Rules on October 8, 2020 without providing the required notice-and-comment period under the Administrative Procedure Act. The DOL Rule went into effect immediately and the DHS Rule is effective on December 7, 2020. Had there been an opportunity for these institutions to provide comments regarding the Rules, the agencies would have been required to consider the irreparable harm that the Rules will cause to international workers, who are educating our nation’s students and performing research on COVID-19, cancer, diabetes, heart disease, and other key areas in science and medicine.