H-1B visa holders can take legal action against revocation
H-1B visa holders can take legal action against revocation
H-1B visa holders can take legal action against revocation
H-1B visa holders can take legal action against revocation: On Wednesday, a US court delivered a groundbreaking ruling granting H-1B visa holders the right to pursue legal recourse if their visas are rescinded due to multiple filings, alleging employer fraud. The court’s decision stemmed from a case brought by ten H-1B visa holders from India against the United States Citizenship and Immigration Services (USCIS). These individuals claimed that their visas were revoked by USCIS citing fraud or misrepresentation by their employers.
The plaintiffs argued that USCIS violated procedural norms by issuing a “Notice of Intent to Revoke (NOIR)” solely to their employers, depriving them of the chance to present evidence or defend themselves. They petitioned the court to compel USCIS to review their applications and afford them the opportunity to counter any accusations of fraud.
Quoting the lawyer representing the plaintiffs, the Times of India reported that the ruling was unprecedented, acknowledging the right of H-1B visa beneficiaries to demand prior notification from USCIS before revoking their visas.
In their lawsuit, the affected H-1B visa holders pursued two objectives: firstly, the removal of any allegations of fraud or misrepresentation against them, and secondly, the reinstatement of their visa quota numbers.
Although the government conceded to the first demand but rejected the second, the judge refused the government’s bid to dismiss the latter. The attorney hailed the verdict as a significant win for H-1B workers.
The case involved an H-1B visa holder whose employer had been convicted of visa fraud over fifteen years ago. Despite no longer being employed by the fraudulent company, USCIS attempted to revoke the individual’s H-1B visa.
The court’s decision on Wednesday marked a significant turning point, granting H-1B visa holders the right to pursue legal action if their visas are revoked due to multiple filings, alleging employer fraud. This landmark ruling emerged from a case initiated by ten H-1B visa holders from India against the United States Citizenship and Immigration Services (USCIS). These individuals claimed that USCIS had revoked their visas, citing fraud or misrepresentation by their employers.
According to the plaintiffs, USCIS violated procedural norms by issuing a “Notice of Intent to Revoke (NOIR)” solely to their employers, denying them the opportunity to present evidence or defend themselves. They petitioned the court to compel USCIS to review their applications and provide them with the chance to refute any accusations of fraud.
Quoting the lawyer representing the plaintiffs, the Times of India reported that the ruling was unprecedented, recognizing the right of H-1B visa beneficiaries to demand prior notification from USCIS before their visas are revoked.
In their lawsuit, the affected H-1B visa holders pursued two objectives: firstly, the removal of any allegations of fraud or misrepresentation against them, and secondly, the reinstatement of their visa quota numbers.
While the government conceded to the first demand but rejected the second, the judge refused the government’s bid to dismiss the latter. The attorney hailed the verdict as a significant victory for H-1B workers.
The case involved an H-1B visa holder whose employer had been convicted of visa fraud over fifteen years ago. Despite no longer being employed by the fraudulent company, USCIS attempted to revoke the individual’s H-1B visa.
