H1B Visa: A U.S. District Court has held that individuals have the right to take legal action if their H-1B visas are terminated due to fraud by employers and employers. The lawsuit was filed by ten Indians whose H-1B visas were revoked due to employer fraud or misrepresentation. These individuals violated the US Citizenship and Immigration Services (USCIS) procedural requirements of not giving them an opportunity to provide the facts regarding their visas by only sending a Notice of Intent to Revoke (NOIR) to their employers.
Can claim…
Immigration attorney Jesse Bless, who represented the plaintiffs, said USCIS must provide notice to H-1B visa beneficiaries before revoking an H-1B visa. He said he has the right to claim it. In the lawsuit, the H-1B visa holders sought two things. The first is any fraud or misrepresentation against them to renew the cap number a second time. He explained that while the government agreed to the first point, the judge rejected the government's attempt to dismiss the second point.
Immigration lawyer's argument..
Immigration attorney Jonathan Wasden argued that USCIS does not consider multiple H-1B cap registrations for a single beneficiary with sponsoring companies to increase the chance of winning the lottery for an H-1B visa. The application will be rejected. It is mentioned that if it is already approved it will be withdrawn. Wasden said the Administrative Procedure Act was not followed because the 'anti-coalition' provision was not published before it was enacted. Allotment of cap-number after selection in the lottery is a benefit granted by law to the employee – thus the employee is said to be considered an 'interested party'. USCIP will provide an opportunity to respond to adverse actions. Finally, the only legal provision that allows termination for fraud is when the national employee knowingly lies abroad. Wasden explained that in each of these cases the employee was not allowed to communicate with the agency about any aspect of the petition statute that does not appear to allow termination of the statute as a cap number party based on third-party fraud.
All beneficiaries from the recently concluded filing season for H-1B cap visas for FY 2025 will be entered into a one-time lottery based on their passport or travel document number. So that every beneficiary gets equal opportunity. lottery, irrespective of the number of registrations submitted on their behalf. The new approach aims to curb gaming of the system through multiple filings.
