H1-B Visa Lawsuit : In a bold legal move that has captured national attention, around 70 Indian nationals have taken decisive action by initiating a lawsuit against the United States government. Their collective grievance centers around allegations that their H1-B visa applications were unjustly rejected due to fraudulent activities committed by their respective employers.
Media sources reveal that these Indian Nationals firmly maintain their innocence, asserting that the fraudulent actions were carried out without their knowledge or involvement. This case has illuminated a pressing issue that has sparked widespread concerns within the immigration system.
The affected Indian Nationals had been gainfully employed under a tailored program designed for foreign graduates of US educational institutions. Presently, they adamantly deny any complicity in the misconduct and fraud that their employers stand accused of perpetrating.
The repercussions of their association with these companies have been harsh, with their visa applications rejected without affording Indian Nationals an opportunity to present their side of the story.
H1-B Visa Lawsuit & Department Of Homeland Security
Officially filed in a federal district court in Washington, the lawsuit names the Department of Homeland Security (DHS) as the defendant. The plaintiffs argue that the DHS wrongly denied their H-1B specialty occupation visas, despite their legitimate employment with reputable companies.
Leading the plaintiffs is attorney Jonathan Wasden of Wasden Law, who contends that the agency exhibited a presumption of guilt. Wasden highlights the apparent assumption that anyone linked to these companies was automatically tainted by fraudulent misrepresentations.
The lawsuit’s central objective is to challenge the visa denials and grant the plaintiffs a chance to refute the fraud allegations before conclusive judgments are reached about their eligibility to enter the United States.
The crux of the lawsuit rests on the assertion that the DHS violated the Administrative Procedure Act by exceeding its authority. The agency is accused of labeling the plaintiffs as inadmissible without substantial evidence and failing to properly communicate the measures taken against them.
The plaintiffs were previously employed by four IT staffing firms—Andwill Technologies, AzTech Technologies LLC, Integra Technologies LLC, and WireClass Technologies LLC. These companies held certification through the E-Verify system and participated in the Optional Practical Training (OPT) program.
The lawsuit underscores the claim that instead of safeguarding the interests of these students, the DHS treated Indian Nationals as if they were accomplices in the alleged fraudulent activities.
Siddhartha Kalavala Venkata, a plaintiff in the case, shared his personal ordeal after being denied entry to the US. Despite his employment at Integra through the OPT program and his efforts to transition from an F-1 visa to an H-1B visa, he was rejected over suspicions of fraud.
Media reports detail the plaintiffs’ argument that the DHS violated the Immigration and Nationality Act by neglecting to provide proper notice of actions like visa sanctions and failing to offer them an opportunity to present counter evidence.