H-1B Visa Program Changes
3 proceedings tracked · Active
New DHS and USCIS rules in 2025 significantly restricted the H-1B specialty-worker visa program, including heightened specialty-occupation requirements, increased denial rates, and administrative processing delays characterized by technology-sector employers as effectively blocking the program. Employer coalitions and affected workers challenged the rules as contrary to statute, arbitrary and capricious under the APA, and in some cases retaliatory toward firms that had publicly criticized the administration.
H-1B Visa Program Changes
Case No. 4:25-cv-08454
N.D. Cal. employer challenge to the 2025 USCIS rule tightening H-1B specialty-occupation requirements, arguing the rule is contrary to the INA and arbitrary under the APA.
H-1B Visa Program Changes
Case No. 1:25-cv-03675
D.D.C. H-1B challenge that has reached a decided disposition, addressing the APA standard of review applicable to USCIS adjudication policy changes.
H-1B Visa Program Changes
Case No. 1:25-cv-13829
December 2025 H-1B suit challenging administrative processing delays and elevated denial rates as a de facto suspension of the program in violation of the INA.