70 Indians file lawsuit against US over H1-B visa rejections amid employer fraud

Washington, US

About 70 Indian nationals have initiated legal proceedings against the United States government, claiming that their H1-B visa applications were rejected on the basis of fraudulent activities by their employers and that they, as individuals, had nothing to do with it, media reports said.   

The affected individuals were employed under a programme designed for foreign graduates of US educational institutions. Now, they maintain their innocence and deny any involvement in misconduct and fraud carried out by their employers. These Indian nationals are facing adverse consequences related to their affiliations with these companies and reports said that the visas have been denied without giving them the opportunity to tell their side of the story.

Lawsuit accusations

The lawsuit was officially filed in a federal district court located in the state of Washington.

In their complaint, the plaintiffs accused the Department of Homeland Security (DHS) of denying them H-1B specialty occupation visas, even though they were lawfully employed by reputable companies.

Presumption of guilt 

The plaintiffs are represented by Jonathan Wasden, an attorney from Wasden Law. “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,” said a Wasden Law attorney Jonathan Wasden, who is representing the plaintiffs.

Also Read | Fresh cases of bubonic plague detected in China

The primary aim of the lawsuit is to reverse the visa application decisions made by the DHS and ensure that the plaintiffs have the opportunity to address the fraud allegations before any conclusions are drawn about their eligibility to enter the US.

Procedural flaws

The lawsuit asserted that the DHS violated the Administrative Procedure Act by exceeding its authority and categorising the plaintiffs as inadmissible without substantial evidence to support such claims.

Moreover, the agency's actions are deemed procedurally flawed, as it failed to inform visa applicants about the actions taken against them. 

The plaintiffs were reportedly employed by four IT staffing companies: Andwill Technologies, AzTech Technologies LLC, Integra Technologies LLC, and WireClass Technologies LLC. These firms were authorised to participate in the Optional Practical Training (OPT) programme and were certified through the E-Verify employment verification system.

Also Read | Maui wildfires: Death toll climbs to 93, hundreds still missing | Top points

The lawsuit further stressed that the DHS, instead of safeguarding the students, treated them as if they were complicit in the alleged fraudulent activities.

Siddhartha Kalavala Venkata, one of the individuals named in the lawsuit, told his ordeal after being denied entry to the US. Despite his employment at Integra through the OPT programme and his attempts to transition from an F-1 visa to an H-1B visa, he reportedly said that his H-1B application was rejected due to suspicion of fraud or intentional misrepresentation.

WATCH | Pakistani senator Anwar-ul-Haq Kakar is Pak's transitionary PM

According to media reports, the plaintiffs argued that the DHS allegedly violated the Immigration and Nationality Act by failing to provide notice of actions like visa sanctions and neglecting to grant them the opportunity to respond with evidence.