70 Indians Charge The US For H1B Rejection Based On Employee Fraud: According to the latest report by Bloomberg Law, a group of around 70 Indian people has taken lawful action against the government of the United States, alleging visa rejections arising from the fraudulent activities of their employers.
These people are employed under a foreign graduate program of US academic institutions and maintain their integrity about employer misconduct.
They also faced many negative consequences for their institutions without being allowed to show their side of the story. The law was filed against the US in a Washington state federal district court.
A complaint has been filed against the Department of Homeland Security (DHS) for allegedly denying H-1B specialty occupation visas to workers who reputable companies lawfully employ.
The plaintiffs, represented by attorney Jonathan Wasden, claim that the DHS assumes guilt for those connected to these companies, alleging involvement in fraudulent activities to obtain visas or immigration benefits.
The plaintiffs are seeking legal intervention to overturn the DHS’s visa application decisions and to have the chance to deny any charges of fraud before being felt ineligible to enter the US.
The lawsuit claims that the DHS breached the Administrative Procedure Act by going beyond its jurisdiction and categorizing the plaintiffs as ineligible without proper evidence.
Also, the agency’s actions needed to be revised in the procedure, as they should have informed visa applicants about the actions taken against them.
The plaintiffs were employed by four different staffing firms, which are mentioned below:
- AzTech Technologies LLC
- Andwill Technologies
- WireClass Technologies LLC
- Integra Technologies LLC
These four companies were allowed to join the OPT(Optional Practical Training) programs. Also, these companies were permitted through the E-Verify employment verification system.
The lawsuit highlights that the DHS uncovered all the fraudulent schemes done by these four companies. However, rather than protecting these students, the agency treated them as accomplices in the fraudulent actions.
Siddhartha Kalavala Venkata is one of the persons in the lawsuit. He shared all his pain after being refused entry to the United States.
Even though he was employed at Integra under the OPT program and tried to change his F-1 visa to an H-1B visa, his H-1B application was denied because of fears of fraud or deliberate misrepresentation.
The plaintiffs claim that the DHS violated the Immigration and Nationality Act by not giving notice of actions such as visa sanctions and not allowing them to respond with evidence.
They highlight that the DHS should have followed a procedure that involves notifying the affected parties and giving them a chance to handle the allegations against them.
So, it is all about 70 Indians Charge The US For H1B Rejection Based On Employee Fraud.
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Source:- economictimes.indiatimes.com
