70 Indians sue US alleging H1-B visa rejections due to employer fraud
- In Reports
- 12:24 PM, Aug 14, 2023
- Myind Staff
Initiating a legal action that has garnered attention, approximately 70 Indian nationals have taken steps to file a lawsuit against the United States government. Their claim revolves around allegations that their H1-B visa applications faced rejection due to deceitful actions carried out by their respective employers.
According to media sources, these individuals assert that the fraudulent activities were orchestrated without their involvement, shedding light on an issue that has raised concerns.
The affected individuals have been employed under a specific tailored program for foreign graduates of US educational institutions. Presently, they steadfastly maintain their innocence, vehemently denying any participation in the misconduct and fraud perpetrated by their employers.
As a result of their association with these companies, these Indian nationals find themselves grappling with adverse consequences. Reports indicate that their visa applications were denied without affording them the opportunity to present their side of the narrative.
The lawsuit has been officially filed in a federal district court situated in the state of Washington. Within this legal document, the plaintiffs place allegations against the Department of Homeland Security (DHS). They claim that the DHS wrongfully denied them H-1B specialty occupation visas, despite their lawful employment under reputable companies.
The plaintiffs, represented by attorney Jonathan Wasden of Wasden Law, contend that the agency exhibited a presumption of guilt. Wasden pointed out that the agency appeared to assume that anyone associated with these companies was automatically implicated in fraudulent misrepresentations to the US government in pursuit of visas or immigration benefits. The lawsuit's primary objective is to challenge the visa application denials imposed by the DHS, seeking to provide the plaintiffs an opportunity to address the fraud accusations before definitive conclusions are drawn regarding their eligibility to enter the US.
The lawsuit asserts that the DHS's actions violated the Administrative Procedure Act, overstepping its authority and labeling the plaintiffs as inadmissible without substantial supporting evidence. Moreover, the procedures followed by the agency are alleged to be flawed, as it failed to duly inform visa applicants about the measures taken against them.
Reports indicate that the plaintiffs were employed by four IT staffing companies- Andwill Technologies, AzTech Technologies LLC, Integra Technologies LLC, and WireClass Technologies LLC. These companies were authorized participants in the Optional Practical Training (OPT) program and held certification through the E-Verify employment verification system. The lawsuit underscores that, rather than safeguarding the students' interests, the DHS treated them as if they were complicit in the purported fraudulent activities.
Siddhartha Kalavala Venkata, one of the individuals named in the lawsuit, shared his experience following his denied entry to the US. Despite being employed at Integra through the OPT program and striving to transition from an F-1 visa to an H-1B visa, he reportedly faced rejection due to suspicions of fraud or intentional misrepresentation.
According to media accounts, the plaintiffs argued that the DHS allegedly violated the Immigration and Nationality Act by neglecting to provide notice of actions such as visa sanctions and by failing to offer them an opportunity to respond with evidence.
Image source: HT

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