Around 70 nations are taking legal action against US Government for denying their H-1B Visa due to employer fraud in their own nation.
In an astonishing turn of events, nearly 70 Indian nationals have brought suit against the United States government in court, accusing the Department of Homeland Security (DHS) of wrongfully refusing them H-1B visas because their employers allegedly committed fraud. A contentious discussion has been sparked by the lawsuit, which has thrown light on the intricate interactions between foreign graduates, their employers, as well as the US immigration system.
Denial of H-1B Visas- The Battle for Justice
The alleged denial of H-1B speciality occupation visas to Indian graduates who were employed by reputable enterprises in the US is at the core of the controversy. These alumni arrived in the nation via a training program intended for international students who had graduated from US educational institutions and colleges. Despite their claims of innocence as well as denials of having been involved in any fraudulent actions carried out by their employers, they were unjustly caught in the middle of the controversy.
A non-immigrant visa called the H1B enables companies in the United States to hire foreign workers for specialized positions that need for theoretical or technical competence. It is essential to the hiring of tens of thousands of workers each year from nations like China and India by the technology giants. According to a US Congress regulation, the most popular visa has an annual numerical limit cap of 65,000 visas per fiscal year. The cap is waived for the first twenty thousand petitions submitted on behalf of those beneficiaries who have earned a US master’s degree or higher.
Unravelling the Allegations: Association without Culpability
The plaintiffs claim that they were unfairly punished simply because of their affiliation with companies that were later discovered to have engaged in fraud. The case, which was submitted to a federal district court in Washington state, emphasizes that the DHS accepted responsibility for everyone connected to these businesses. The plaintiffs contend that this damaged their reputations and future opportunities without giving them a chance to refute the accusations made against them.
The plaintiffs’ counsel, Jonathan Wasden of Wasden Law, stressed the injustice being done because of the government’s approach. He claimed, the agency made the assumption that anyone who had contact with these companies was in some way responsible for making false representations to the American government in order to obtain a visa or immigration advantage. This draws attention to a structural issue where people are judged collectively as opposed to individually according to their factual details.
Seeking Redressal: A Bid for Fairness and Due Process
Those involved in litigation are turning to the legal system for relief. They are requesting that the court reverse the DHS’s judgment regarding their visa applications and order the department to provide them the opportunity to reply to any fraud-related charges before making a final judgement regarding their eligibility to enter the US. The lawsuit alleges that the agency’s actions broke the Administrative Procedure Act as well as constituted as being procedurally flawed.
Systemic Flaws: Beyond the Surface
The debate has drawn attention to more general concerns about the US immigration system, especially with regard to how foreign graduates who want to work and advance their professional lives in the nation are treated. The Optional Practical Training program is used by international students, many of whom have STEM degrees, to earn valuable job experience and compete for H-1B visas, which provide a longer-term status.
The Alleged Scheme: A Web of Deception
Employees of IT employment firms Andwill Technologies, AzTech Technologies LLC, Integra Technologies LLC, as well as WireClass Technologies LLC were actually the ones who made up the plaintiffs of the complaint. The aforementioned companies were first certified by the E-Verify employment verification program and permitted to take part in the OPT program. The alleged involvement of these companies in a plan to swindle the government, educational facilities, as well as international students was later discovered.
Plaintiff’s Case: Siddhartha Kalavala Venkata
Siddhartha Kalavala Venkata, one of the claimants, is a prime example of the difficulties that the impacted graduates must deal with. After receiving his master’s degree from the New York Institute of Technology in 2016 and beginning employment through the OPT program, Venkata first worked for Integra Technologies LLC. Integra Technologies, which will continue to employ over 700 people with student visas through 2019, was prominently listed as a major participant in the OPT program. The company’s claim that students would work on projects for well-known companies like The Walt Disney Co. and Apple Inc. turned proved to be false when students were informed later that they were responsible for paying for additional training to improve their skills.