“USCIS appears to be overstepping its jurisdiction”
Oh really? Based on what rules or laws? USCIS has been granted ultimate authority by Congress to approve, disapprove, or limit any and all international visas of any kind.
Perhaps SI News should go read Title 8, Section 1182 Inadmissble Aliens, Subsection 5 before it spouts legal nonsense:
|8 U.S. Code § 1182 – Inadmissible aliens |
(5) Labor certification and qualifications for certain immigrants
(A) Labor certification
(i) In general
Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that—
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.