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Worldwide ERC® Amicus Brief Noted in Ruling Against Visa Ban

Worldwide ERC®’s filed an amicus brief in September that was considered in a recent preliminary injunction against Trump’s work visa ban.

On 1 October, a federal judge in the Northern District of California issued a preliminary injunction against President Trump’s June 2020 proclamation that suspends certain nonimmigrant workers, H-1B, H-2B, L-1 and certain J-1 cultural exchange visitors from entering the United States until the end of the year. While not a blanket nationwide injunction, it is effectively immediately for plaintiffs in the case and their members.

Leading up to this ruling, the court considered Worldwide ERC®’s amicus brief filed in September in support of a complaint filed against the administration’s proclamation in the Northern District of California, demonstrating that the workforce mobility industry’s concerns were considered in this important decision.

The preliminary injunction against Trump’s work visa ban.

Northern District of California Judge Jeffrey S. White’s ruling enjoins the State Department and the Department of Homeland Security (DHS) from engaging in any action that prevents processing and issuance of applications or petitions for visas in the H, J, and L categories for the plaintiffs in the case and their members (the National Association of Manufacturers, Chamber of Commerce of the United States of America, National Retail Federation, Technet, and Intrax, Inc.). Judge White’s ruling argued that President Trump exceeded his authority to suspend foreign nationals entry to the U.S. While it is likely that DHS will appeal this preliminary injunction, it will remain in effect unless overturned on appeal. Until then, the order takes effect immediately, preventing the government from enforcing the visa ban against the plaintiffs.

What role did Worldwide ERC® play in this decision?

As the trade association representing organizations that rely on executive and manager intracompany transferees help lead their worldwide operations, as well as the many service providers who assist in relocating these employees, Worldwide ERC® filed an amicus brief to highlight the adverse impact of the visa entry ban on U.S. businesses that in particular utilize the L visas. While other organizations filed amicus briefs in support of visas that are particularly important to their constituents that were also considered in this ruling, no other organization is as well-positioned as Worldwide ERC® to lead on L visas.

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How This Impacts Mobility

Worldwide ERC®’s efforts targeted the administration’s proclamation due to its adverse effects on workforce mobility. The preliminary injunction against the proclamation demonstrated that the workforce mobility industry concerns were a key consideration, leading to a decision that may ultimately ease visa application and processing. Importantly, the U.S. government is expected to release updated guidance in response to the ruling that will determine how helpful the ruling will be for the immediate future in moving global talent to the United States. Should any member have questions regarding these developments, please reach out to Vice President, Member Engagement and Public Policy, rpeters@worldwideerc.org.

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