Judge Rejects H-1B Visa Injunction
Date : 2008 08 16 Category : Technology
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theodp writes "Judge Faith Hochberg has denied a preliminary injunction sought by the Programmers Guild to put a hold on a controversial 'emergency' rule change by the Department of Homeland Security to permit foreign students to work continuously in the US for two-and-a-half years after graduation without an H-1B visa. Hochberg indicated she failed to see how an increased labor supply could result in wage depression for engineers and computer workers. That seems disingenuous, since in Andaya v. Citizens Mortgage Corporation, Judge Hochberg recently saw first-hand how a US employer got away with paying an H-1B computer engineer as little as $15,000 to do a job with a 'prevailing wage rate' of $41,000. In that case, Hochberg ruled against Filipino H-1B visa holder Almira Andaya, arguing that 'nonpayment of wages as listed on the H-1B visa petition ... does not raise a substantial question of federal law.'"
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