H-1B visa denied! Why 70 Indian nationals are suing the US govt?

Around 70 Indian nationals are taking legal action against the US government for denying them H-1B visas due to alleged fraud by their own employees, according to a report published by Bloomberg Law. 

Despite the activities of their employer, they contend in the case filed in a federal district court in Washington state that they did not intentionally take part in the fraud. However, they were unfairly penalized for having ties to such companies without being given the chance to object.

The Department of Homeland Security has continued to deny the workers' requests for H-1B specialist occupation visas despite the fact that they are now employed by lawful companies, as per Bloomberg Law reports. 

Jonathan Wasden, a Wasden Law attorney who’s representing the plaintiffs said, “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.”

The employees are requesting that the court reverse the DHS's ruling and direct the agency to rethink its decision on their admission to the US after providing them a chance to respond to the allegations of fraud, Bloomberg Law reported. 

Additionally, the government went above its jurisdiction and declared the plaintiffs ineligible before obtaining a complete record of evidence, which was a violation of the Administrative Procedure Act.

Meanwhile, with an F-1 visa, international students can participate in the Optional Practical Training (OPT) program, which allows them to work in the US for up to a year after graduation or three years if they have a STEM degree, the Bloomberg Law report added. 

In an effort to launch their careers while applying for an H-1B visa or another lengthier status, many overseas students participate in this program.

Following the denial, the plaintiffs had to leave the country and apply for a visa at a US consular facility, which requires them to file a claim for relief with DHS—a claim for which they lack a proper venue.

“HS has to go through the process of actually giving the affected parties notice and the ability to respond,” Wasden added.

(With Bloomberg Law inputs)