October 31, 2020

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TechNet Signs on to Amicus Briefs Opposing New H-1B Visa Rules

Washington, D.C. – TechNet President and CEO Linda Moore made the following statement regarding TechNet, along with several of its member companies and others, submitting amicus briefs in two separate lawsuits opposing the administration's Department of Homeland Security and Department of Labor rules.

"TechNet is proud to file these amicus briefs opposing Department of Homeland Security and Department of Labor rules that only harm America's ability to remain productive while we continue to battle COVID-19 and as we rebuild our economy.  These rules have zero impact on increasing domestic American jobs."

NOTE: Today, TechNet submitted an amicus brief in support of the motion for a preliminary injunction in a lawsuit led by the U.S. Chamber of Commerce and National Association of Manufacturers challenging new H-1B and other work visa rules from the Department of Homeland Security and Department of Labor, which were published on October 8. TechNet also joined another amicus brief in support of a separate challenge to the Department of Labor’s H-1B rule brought by Perdue University and other institutions of higher education and non-profit organizations. The brief raises similar concerns to those raised by TechNet with respect to analogous cases, namely that the Administration did not adhere to the Administrative Procedure Act and had no cause to bypass the law’s requirements for implementing such a rule.  The brief also addresses the expected harm that the rule would inflict on TechNet’s members who have hired – and intend to hire – employees via the H-1B, EB-2, and EB-3 visa categories.

Earlier this year, TechNet, along with the National Association of Manufacturers and the Chamber of Commerce, among others, filed a lawsuit opposing the Trump Administration’s “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” in the Northern District of California seeking an injunction against the new restrictions.  On October 1, the court issued a preliminary injunction, effective immediately, which will remain in effect only as applied to those plaintiffs until further notice.  As the only technology trade association to have joined the lawsuit as a plaintiff, TechNet’s member companies are now entitled to relief under the court order and can continue visa applications under the previous rules for H, J, and L visa categories.  The Department of State has directed all consulates to comply with the court order, and TechNet is providing membership verification letters to our member companies who request them to ensure their work visa applications proceed unhindered.  The Trump Administration is likely to appeal the court’s decision soon, setting up a decision by the Ninth Circuit Court of Appeals by the end of November and potentially by the Supreme Court by the end of the year. TechNet’s statement on the court ruling can be found here.

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