US judge blocks H-1B visa ban
Washington: In a major relief to thousands of Indian IT professionals, a federal judge in the US on Thursday blocked the enforcement of a temporary visa ban by the Trump administration on a large number of work permits, including the most sought after H-1B visas, ruling that the president exceeded his constitutional authority.
The order issued by US District Judge Jeffrey White of Northern District of California applies to members of organisations that filed a lawsuit against the Department of Commerce and Department of Homeland Security -- the US Chamber of Commerce, National Association of Manufacturers, National Retail Federation, TechNet, a technology industry group, and Intrax Inc., which sponsors cultural exchanges.
The ruling places an immediate hold on a series of damaging visa restrictions that prevent manufacturers from filling crucial, hard-to-fill jobs to support economic recovery, growth and innovation when most needed, the National Association of manufacturers said.
In June, Trump had issued an executive order that had put temporary bar on issuing of new H-1B visas, which are widely used by major American and Indian technology companies, H-2B visas for nonagricultural seasonal workers, J visas for cultural exchanges and L visas for managers and other key employees of multinational corporations till the end of the year.
The president had argued that the US needs to save and protect jobs for its domestic work force at a time when millions of them lost their jobs due to the coronavirus pandemic.
A number of IT companies and other US companies and those representing them had voiced their opposition to it.
Manufacturers went to court to challenge the administration's ban on certain visas because the restrictions both undermined the industry at a critical time and conflicted with the law, said NAM senior vice president and general counsel Linda Kelly.
We are competing with the rest of the world to find and develop top talent to support innovation in our industry. Today's decision is a temporary win for manufacturers committed to building that innovation in the United States, he said.
A long-term win for manufacturers requires policymakers to support meaningful reforms to our immigration laws that recognize the critical link between smart immigration policy and America's competitive advantage, Kelly said.
In his order, the federal judge said that the president exceeded his authority.
Congress's delegation of authority in the immigration context does not afford the president unbridled authority to set domestic policy regarding employment of nonimmigrant foreigners. Such a finding would render the president's Article II powers all but superfluous, Judge White wrote in his 25-page order.
The judge noted that the text of Article I and more than two centuries of legislative practice and judicial precedent make clear, the Constitution vests Congress, not the President, with the power to set immigration policy.
If the fact that immigrants come from other countries inherently made their admission foreign relations subject to the President's Article II power, then all of this law would be superfluous, the judge said.
Indeed, there must be some measure of constraint on Presidential authority in the domestic sphere in order not to render the executive an entirely monarchical power in the immigration context, an area within clear legislative prerogative. Such unrestricted authority would be contrary to Congress' explicit delegation of powers in foreign affairs and national security, White said.
The ruling by Judge White is in difference with a order passed by District Judge Amit Mehta of the District of Columbia in August, who ruled that he does not has the power to enjoin the ban while the litigation is under way.
The wisdom of the president's decision to address those changed circumstances by restricting the entry of certain classes of aliens is a policy decision the judiciary is not well equipped to evaluate, he said.
The H-1B visa, most sought-after among Indian IT professionals, is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.
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Student accuses company of duping her with part-time job offer; Kadri Police file case
Mangaluru: Kadri Police have filed a case against Vexon Company of Kudroli in the city for allegedly duping students with an offer of part-time employment.
The complainant, learned to be a student, has cited the names of Vexon Company founder Digvijay Desai, co-founders Ramachandra Shevale, Sunil Savanth and Anan Ahair, Mangaluru unit staff members Pallavi, Anjali, Navya, Nivish, Jayashri and Junaid. She has accused these people of having given false information to students and other job aspirants to gain their trust and then duping them.
In January, the complainant reportedly received a call from Navya, who offered a part-time job from 2 pm to 5 pm, for a pay of Rs 15,000 to Rs 30,000 a month. Navya also said that the applicant would have to pay Rs 2,500 for the software, data entry and residence and food that would be provided during training.
Finding the offer agreeable, the student paid the said amount and joined the company as a trainee, reportedly along with other job aspirants. She was told to ensure business with client companies, purchase of things worth Rs 51,000 from other companies and get more employees for the company. She was assured of a commission if she turned successful in the work.
The complainant is said to have told the police that a man identified as Nivesh paid her Rs 51,000 through Google Pay, but the items handed to her by the company were substandard. In addition, while initially she was told the work would be on software and data entry, she was later not only brainwashed to act as they demanded but also harassed mentally by forcing her to get others to join the company. She was also forced to sign on the records of the company, the complainant has told the police.
