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" ... “I would still argue that the change is ultra vires because the statute doesn’t contemplate other factors, and they cannot use the statute’s silence as an invitation to seize on any criteria they want to determine distribution of visas,” said Kurzban. “For example, if the statute is silent on height, weight or political affiliation it would not give them the right to use those criteria because it doesn’t further the underlying purpose of the statute. The statute is designed to provide an avenue for employers to hire a person in a specialty occupation. It is not rational to give preference in the selection to people who are paid more because it is not necessarily tied to the specialty occupation designation.” ... "