The United States Of America is a global economy and provides more employment opportunities. In order to work here, people need to apply for a visa, specifically the H-1B. Under the Immigration and Nationality Act, US employers can employ foreign workers in speciality occupations. In a recent report by Bloomberg, around 70 Indian Nationals were denied the H-1B visa; here’s why.
Indian Nationals Denied H-1B Visa!
About 70 Indian citizens are suing the US government, claiming that they were denied H-1B visas as a result of employee fraud. They assert that they did not knowingly participate in the fraud in the lawsuit they filed in a federal district court in Washington state, despite the actions of their employer.
But they were unfairly punished for their connections to these businesses without being given the chance to protest. Even though the individuals are now employed by legitimate businesses, the Department of Homeland Security has continued to reject their applications for H-1B specialised occupation visas.
Jonathan Wasden is an attorney at Wasden Law who is representing the plaintiffs. He stated that the agency assumed that anyone who had touched these companies was somehow guilty of fraudulent misrepresentation to the US government in order to get a visa or immigration benefit.
Demand For The Court To Overturn The Judgement
The employees are asking the court to overturn the Department of Homeland Security’s judgement and order the organisation to reconsider its choice to admit them to the US after giving them a chance to refute the allegations of fraud.
Furthermore, in violation of the Administrative Procedure Act, the government overstepped its bounds and ruled the plaintiffs ineligible before receiving a full record of the evidence. International students can enrol in the Optional Practical Training (OPT) programme with an F-1 visa, which enables them to work in the US for three years if they have a STEM degree or up to a year after graduation.
Many foreign students take part in this programme in an effort to start their professions while applying for an H-1B visa or another longer status.
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