US judge lifts Trump ban on H1B visa, L1 visa and J1 visa

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US judge lifts Trump ban on H1B visa, L1 visa and J1 visa

The Trump US visa ban of June 22 has been partially lifted by a district judge, which should allow US visa processing to re-commence for many migrants.  Many sectors rely on H1B visaL1 visa, and J1 visa holders for employment positions, hence the latest ruling will be of great benefit for visa holders and companies, especially when coping with the pandemic. 

The injunction benefits the plaintiffs only and organizations that are members of the relevant trade groups. This includes the following:

  • National Association of Manufacturers
  • The U.S. Chamber of Commerce
  • The National Retail Federation
  • Technet
  • Intrax, Inc. which sponsors cultural exchange programs.

It should be noted that there has never been a ban on applying for petitions in the US.  The work visa ban mainly affects US visa applicants applying for the first visa from outside the US at an embassy or consulate.

A district judge has ruled against the Trump administration and has partially lifted the ban on visa processing in the U.S for H1B visa, L1 visa, and J1 visa holders, including spouses or dependents.

Judge Jeffery White of the Federal Court for the Northern District of California granted the ruling on the 1st of October and came into action, effective immediately, until additional court order or completion of the trial.

This decision will benefit international companies who rely heavily on foreign nationals seeking work permits. The ruling came after a petition was formed by associations acting on behalf of US companies, including Google, Amazon, Apple, and Walmart, to act against the Trump administration’s.

Judge White said June’s proclamation went beyond the president’s authority and questioned his evaluation of the economic impact that H, L, and J visa workers have on the unemployment issue in the United States. 

Judge White wrote, “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.”

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