Check out the latest shocking update on legal action initiated by 70 Indian nationals against US government for unfair H-1B visa denials.
Approximately 70 Indian nationals have taken legal action against the United States government, asserting that their H-1B visa applications were unfairly denied due to fraudulent activities carried out by their employers.
These individuals, employed under a program catering to foreign graduates of US educational institutions, vehemently deny any personal involvement in the misconduct perpetrated by their employers.
Their claims underscore the adverse repercussions they are facing due to their association with these companies. Reports reveal that their visa applications were rejected without affording them the opportunity to present their side of the story.
Lawsuit Accusations
The lawsuit was formally lodged in a federal district court situated in the state of Washington. In their legal complaint, the plaintiffs accuse the Department of Homeland Security (DHS) of wrongfully denying them H-1B specialty occupation visas, despite their lawful employment with reputable companies.
Presumption of Guilt
Represented by attorney Jonathan Wasden from Wasden Law, the plaintiffs assert that the DHS made a baseless assumption that anyone affiliated with the companies involved was inherently culpable of fraudulent misrepresentations aimed at securing a visa or immigration benefit. This prejudiced perception is a focal point of the plaintiffs’ claim against the DHS.
Aim of the Lawsuit
The primary objective of the lawsuit is to overturn the DHS’s decisions on their visa applications and ensure that the plaintiffs have the opportunity to address the allegations of fraud before any definitive conclusions are reached regarding their eligibility to enter the US.
| Also Read: Attention Visa Applicants! US Embassy Suspended US Visa Appointments From 26-28 July In India |
Procedural Flaws
The lawsuit highlights that the DHS’s actions violate the Administrative Procedure Act by surpassing its jurisdiction and labeling the plaintiffs as inadmissible without substantial evidence. Furthermore, the agency’s procedures are deemed flawed as it failed to inform the visa applicants about the actions taken against them.
The plaintiffs were reportedly employed by four IT staffing companies: Andwill Technologies, AzTech Technologies LLC, Integra Technologies LLC, and WireClass Technologies LLC. These firms were authorized to participate in the Optional Practical Training (OPT) program and certified through the E-Verify employment verification system.
Misplaced Allegations
The lawsuit strongly contends that instead of safeguarding the students’ interests, the DHS treated them as if they were complicit in the alleged fraudulent activities.
One individual named in the lawsuit, Siddhartha Kalavala Venkata, shared his ordeal after being denied entry to the US. Despite his legitimate employment at Integra through the OPT program and his earnest attempts to transition from an F-1 visa to an H-1B visa, his H-1B application was reportedly rejected due to suspicions of fraud or intentional misrepresentation.
Violation of Legal Protocols
Media reports highlight that the plaintiffs argue that the DHS breached the Immigration and Nationality Act by neglecting to provide proper notice of actions like visa sanctions and disregarding their right to respond with evidentiary support.
