H-1B: Indian-American IT firms file case against US immigration agency : The Tribune India

Join Whatsapp Channel

H-1B: Indian-American IT firms file case against US immigration agency

WASHINGTON: An IT advocacy group representing more than 1,000 small IT companies mostly run by Indian-Americans has filed a lawsuit against the US immigration agency for issuing H-1B visas for shorter than three years duration.

H-1B: Indian-American IT firms file case against US immigration agency

Photo for representative only.



Washington, October 16

An IT advocacy group representing more than 1,000 small IT companies mostly run by Indian-Americans has filed a lawsuit against the US immigration agency for issuing H-1B visas for shorter than three years duration.

The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China. 

These visas are typically issued for three to six years to employers to hire a foreign worker.  Based out of Dallas in Texas, the ITServe Alliance in its lawsuit 43-page lawsuit filed last week alleged that the US Citizenship and Immigration Services has recently begun a practice of approving H-1B petitions for shorter than three years durations.

“These petitions are often valid for only months or days at a time, and some cases are expired by the time the approval is received," it said.

ITServe lawsuit against the USCIS alleges that the agency has no authority to misinterpret the existing regulations and shorten the approval durations.

In fact, the United States Congress has specifically granted power to the Department of Labor and DOL's regulations grant three-year approvals, the lawsuit said.

The lawsuit also alleges that the itinerary requirement put forth by the USCIS is also unlawful. This is the second lawsuit filed by ITServe against USCIS.

In the first lawsuit filed in July 2018, ITServe demanded USCIS to remove language from their website prohibiting F-1 STEM OPT students working at the third part client locations.

“The USCIS has been making arbitrary rules and memos for over eight years, it's our top priority to set things right and hold USCIS accountable to follow the regulations set by the Unites States Congress," said ITServe's national president for 2018, Gopi Kandukuri.

Referring to the recent spate of H-1B denials that ITServe members received, Kandukuri added members of ITServe Alliance are tired of receiving random denials for no reason.                                  

“The new battlefield for us is the federal courthouse and not USCIS service centers,” he said. PTI

Top News

Chief Judicial Magistrate's court in UP's Banda orders judicial inquiry into death of gangster-politician Mukhtar Ansari

UP court orders judicial probe into gangster-politician Mukhtar Ansari’s death, seeks report in a month

Ghazipur MP Afzal Ansari on Tuesday alleged that his brother...

‘Heart attack or poisoning’: The life and times of Mukhtar Ansari—crime and politics

‘Heart attack or poisoning’: The life and times of Mukhtar Ansari—crime and politics

Eastern parts of Uttar Pradesh are among the poorest regions...

Alka Rai, widow BJP MLA killed by Mukhtar Ansari, says 'justice has been served', visits Ram Mandir

Alka Rai, widow BJP MLA killed by Mukhtar Ansari, says 'justice has been served', visits Ram Mandir

Alka Rai is the wife of MLA Krishanand Rai, who was shot dea...

Cash-strapped Congress gets fresh IT notice of Rs 1,700 crore, say party insiders

Cash-strapped Congress gets fresh I-T notice of Rs 1,800 crore

Ajay Maken addresses a press conference

CBI files chargesheet against 20 institutes, 105 individuals in Himachal Pradesh multi-crore scholarship scam

CBI files chargesheet against 20 institutes, 105 individuals in Himachal Pradesh multi-crore scholarship scam

22 educational institutions were on CBI radar in the scholar...


Cities

View All