70 Indian graduates sue the United States over H-1B denials based on employers’ fraud

economictimes.indiatimes.com:

According to a report by Bloomerg Law, these individuals, employed under a program for foreign graduates of US educational institutions, maintain their innocence regarding any employer misconduct. Nonetheless, they faced negative consequences for their associations without being granted the chance to present their side of the story. The lawsuit was filed in a Washington state federal district court. In a complaint, the Department of Homeland Security (DHS) is accused of denying H-1B specialty occupation visas to these workers, despite their lawful employment with reputable companies. Representing the plaintiffs, Jonathan Wasden, an attorney from Wasden Law, remarked that the DHS seemed to presume guilt for anyone connected to these companies, assuming involvement in fraudulent activities to attain visas or immigration advantages.

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The plaintiffs are seeking legal intervention to reverse the DHS's visa application decisions and to ensure the opportunity to address fraud allegations prior to any determinations about their eligibility to enter the US. According to the lawsuit, the DHS violated the Administrative Procedure Act by overstepping its authority and labeling the plaintiffs as inadmissible without a comprehensive evidence record. Additionally, the agency's actions were procedurally flawed, lacking notification to visa applicants about the measures taken against them. The plaintiffs were employed by four IT staffing firms—Andwill Technologies, AzTech Technologies LLC, Integra Technologies LLC, and WireClass Technologies LLC. These companies were permitted to join the Optional Practical Training (OPT) program and certified through the