Indian nationals sue US govt for denying H-1B visas over alleged fraud: Report

livemint.com:

H-1B visas due to alleged fraud by their own employees, according to a report published by Bloomberg Law as quoted by Hindustan Times. Despite the activities of their employer, they contend in the case filed in a federal district court in Washington state that they did not intentionally take part in the fraud.

However, they were unfairly penalized for having ties to such companies without being given the chance to object. The Department of Homeland Security has continued to deny the workers' requests for H-1B specialist occupation visas despite the fact that they are now employed by lawful companies, as per HT reports.

Jonathan Wasden, a Wasden Law attorney who’s representing the plaintiffs said, “The agency assumed that anybody who had touched these companies was somehow guilty of fraudulent misrepresentations to the US government in an attempt to get a visa or immigration benefit." The employees are requesting that the court reverse the DHS's ruling and direct the agency to rethink its decision on their admission to the US after providing them a chance to respond to the allegations of fraud, HT reported. Additionally, the government went above its jurisdiction and declared the plaintiffs ineligible before obtaining a complete record of evidence, which was a violation of the Administrative Procedure Act.

Meanwhile, with an F-1 visa, international students can participate in the Optional Practical Training (OPT) program, which allows them to work in the US for up to a year after graduation or three years if they have a STEM degree, the HT report added. In an effort to launch their careers while applying for an H-1B visa or another lengthier status, many overseas students participate in this program.