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70 Indians Sue The US Government For Denial Of H-1B Visa

70 Indians Sue The US Government For Denial Of H-1B Visa

In a report provided by Bloomberg Law, almost 70 Indian nationals have aimed to sue the American government for its denial of the H-1B visa due to an alleged fraud perpetuated by their employers. 

The Indian graduates were employed through a training program for foreign graduates of US colleges and Universities. 

In the lawsuit that has been filed in the Washington state federal district court, they have claimed that they did not engage in the fraud knowingly, inspite of their employer’s actions. 

Inspite of their statement, these Indians are being punished for merely being associated with those businesses without providing them with a chance to respond. 

Now these Indians have employment in legitimate businesses, The Department of Homeland Security has still denied these workers the H-1B specialty occupational visas. 

The agency has assumed that anybody who had been associated with these organizations was somehow guilty of fraudulent misrepresentation to the US government in an attempt to get a visa or immigration benefit.

This has been stated by Jonathan Wasden, the law attorney who is representing the plaintiffs. 

The workers are asking the court to overturn the DHS’s judgment and order the agency to reconsider their decision about their admittance to the US after providing them with an opportunity to reply to the fraudulent claims. 

Additionally, the agency has also violated the Administrative Procedure Act by exceeding its authority and deeming the plaintiffs as inadmissible without having a full record of evidence. 

Also, the DHS has also did not follow the process as none of them were notified of the action being taken against them, as stated by the complaint. 

This has been a blow against the US government, as many immigrants wait for years to be accepted with an occupational visa. When these waiting immigrants are not granted their rights, it leads to the rise of various questions. 

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Titas Ghosh Chaudhury
Titas is a lawyer with a penchant for writing. In her leisure hours she likes to read books and collect Pokemon plushies and stay updated with different law judgements.

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