Nearly 70 Indian nationals who have allegedly been denied H-1B visas due to fraud by their employers are taking legal action against the US government, news agency Bloomberg reported on August 13. The complainants, employed in a training programme for foreign graduates of US colleges and universities, say they did not intentionally take part in the fraud despite the activities of their employer.
“The agency assumed that anybody who had touched these companies was somehow guilty of fraudulent misrepresentations to the US government in an attempt to get a visa or immigration benefit,” Wasden Law attorney Jonathan Wasden, who’s representing the plaintiffs, told Bloomberg.
According to the complaint filed in federal court in Washington state, the Indian nationals were unfairly punished for being linked to those businesses without a chance to respond.
The Department of Homeland Security denied workers H-1B specialty occupation visas despite their subsequent employment at legitimate businesses, the complaint said.
The workers have demanded that the court set aside the DHS’s decision on their visa applications. They also want the court to issue an order for the agency to allow them to respond to any fraud allegations before making a determination on their admissibility to the US.
The lawsuit also claims that the Department of Homeland Security violated the Administrative Procedure Act by exceeding its authority and deeming the plaintiffs as inadmissible without a full record of the evidence.
The agency’s actions were also procedurally deficient because it didn’t notify the visa applicants of the action against them, the complaint cited by Bloomberg said.
Also Read | H1B jobless alert: A panel is recommending top up of visa grace period from 60 to 180 days
Foreign students on F-1 visas are allowed to work in the US for up to 12 months after graduating or for three years if they have a degree in STEM fields through a programme known as Optional Practical Training. Many international graduates participate in the programme to start careers in the US while attempting to secure an H-1B visa or other longer-term status.
According to Immigration and Customs Enforcement, the DHS component that runs OPT, more than 117,000 people participated in the programme in calendar year 2022.
The complainants cited above worked for four IT staffing companies—Andwill Technologies, AzTech Technologies LLC, Integra Technologies LLC, and WireClass Technologies LLC, Bloomberg reported.
(With agency inputs)
Also Read: India introduces Ayush visa category for foreign nationals seeking medical treatment in the country
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