ID :
16203
Sun, 08/17/2008 - 19:50
Auther :
Shortlink :
https://www.oananews.org//node/16203
The shortlink copeid
US court rejects lawsuit opposing extension on student visa
preliminary injunction on a proposal for extension of student visa period from 12 to 29 months that will allow them a better chance of getting H1-B visas, which is in high demand amongIndian skilled professionals.
Judge Faith Hochberg of New Jersey Court refused to grant a preliminary injunction on the lawsuit filed by Programmers Guild, the Immigration Reform Law Institute and other groupsin May last year, said a report in Computer World.
The opponents argued that the extension, put in place earlier this year, was an effort to increase the number ofvisas through the backdoor and would hurt US workers.
According to the report the judge focussed on the legal standing of the H1-B opponents instead of the merits of thecase.
"Instead of alleging concrete injury, plaintiffs assert a generalized grievance with a particular government policy,"the judge wrote in his judgement.
The judge also asked the two parties to file briefs as to "whether this case should be dismissed for lack of standing"and these are due by November 14.
In its lawsuit, the Programmers Guild maintained that its members "will experience further job displacement, denials of job opportunities, wage depression and increased job competition by a DHS estimate of 12,000 to 30,000 foreign workers." The Bush administration had asked the Department of Homeland Security to work out a plan to ensure that students graduating with advanced degrees from American campuses also get a chance to apply for H1B visas which gets filled justdays after opening of the process.
Currently there are 85,000 H1B visas available yearly including 20,000 earmarked for those with advanced degreesfrom American campuses.
The United States Congress long ago abandoned comprehensive reform for Republicans and Democrats could notcome to an understanding in an election year.
The Senate Bill had provisions for increasing the numbers on the H1B visas including annual built in increases; but the House version almost exclusively focussed ontightening procedures along the borders and enforcement.
Judge Faith Hochberg of New Jersey Court refused to grant a preliminary injunction on the lawsuit filed by Programmers Guild, the Immigration Reform Law Institute and other groupsin May last year, said a report in Computer World.
The opponents argued that the extension, put in place earlier this year, was an effort to increase the number ofvisas through the backdoor and would hurt US workers.
According to the report the judge focussed on the legal standing of the H1-B opponents instead of the merits of thecase.
"Instead of alleging concrete injury, plaintiffs assert a generalized grievance with a particular government policy,"the judge wrote in his judgement.
The judge also asked the two parties to file briefs as to "whether this case should be dismissed for lack of standing"and these are due by November 14.
In its lawsuit, the Programmers Guild maintained that its members "will experience further job displacement, denials of job opportunities, wage depression and increased job competition by a DHS estimate of 12,000 to 30,000 foreign workers." The Bush administration had asked the Department of Homeland Security to work out a plan to ensure that students graduating with advanced degrees from American campuses also get a chance to apply for H1B visas which gets filled justdays after opening of the process.
Currently there are 85,000 H1B visas available yearly including 20,000 earmarked for those with advanced degreesfrom American campuses.
The United States Congress long ago abandoned comprehensive reform for Republicans and Democrats could notcome to an understanding in an election year.
The Senate Bill had provisions for increasing the numbers on the H1B visas including annual built in increases; but the House version almost exclusively focussed ontightening procedures along the borders and enforcement.
