NewsFlash: H1B and H-4 Visa Applicants Sue Trump Administration Over President’s Order that Targets Nonimmigrant Workers

A large group of H1B and H-4 visa applicants have filed the first lawsuit against the Trump Administration’s June 22, 2020, proclamation that prohibits the admission of certain nonimmigrants. Importantly, the lawsuit not only requests the court to rule on each individual’s visa application, but also asks the court to declare the proclamation’s ban on H1B and H-4 visas unlawful. This lawsuit appears to only challenge the ban on H1B and H-4 visas, and not the other nonimmigrant categories included in the proclamation. The plaintiffs allege that, in issuing this proclamation, the President overstepped his authority. The plaintiffs further allege that the justification for the proclamation does not align with the extent of the ban, which has the effect of barring H-4 dependents, even those who are not eligible for work authorization.

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