Legal Battle Unfolds: 70 Indian Graduates Take Legal Action Against US Government Over Denied H-1B Visas

Legal Battle Unfolds: 70 Indian Graduates Take Legal Action Against US Government Over Denied H-1B Visas

Nearly 70 Indian nationals have filed a lawsuit against the U.S. government, as outlined in a report by Bloomberg Law. The lawsuit alleges that these individuals were denied H-1B visas due to allegations of fraud committed by their employers. The core contention of the complaint is that these applicants were unfairly penalized for their association with companies accused of fraudulent activities.

These individuals were part of a training program specifically designed for foreign graduates of American colleges and universities. The lawsuit highlights that their visa applications were adversely affected by the alleged misconduct of their employers, leading to the denial of H-1B visas.

This legal action brings to the forefront the complex interplay between visa applications, employer behavior, and the potential consequences for foreign graduates seeking professional opportunities in the United States. It underscores the challenges and nuances of the H-1B visa process and the implications of employer-related misconduct on visa outcomes.

The lawsuit

The lawsuit, filed in a federal district court in Washington state, highlights that the plaintiffs assert their lack of involvement or knowledge in the alleged fraud perpetrated by their employers. Despite this, they contend that they faced unfair repercussions due to their association with these companies, all without being provided an opportunity to address the situation.

The complaint outlines that the affected individuals are currently employed by legitimate businesses, yet the Department of Homeland Security has denied their H-1B specialty occupation visa applications. This denial, according to the plaintiffs, stems from an assumption by the agency that anyone linked to the accused companies is automatically involved in fraudulent misrepresentations aimed at obtaining visas or immigration benefits.

Jonathan Wasden, an attorney from Wasden Law representing the plaintiffs, pointed out that the government’s approach appeared to presume guilt for those who had any connection to the companies involved. This legal action spotlights the broader issue of the balance between holding individuals accountable for their employers’ actions and ensuring fair treatment and due process for visa applicants.

In their legal action, the affected workers are seeking a court order to reverse the decision made by the Department of Homeland Security (DHS) and compel the agency to review their cases with the provision of an opportunity for them to respond to the allegations of fraud.

The complaint also asserts that the DHS overstepped its authority, violating the Administrative Procedure Act, by deeming the plaintiffs as inadmissible without a complete record of evidence and without proper procedural adherence. Moreover, the workers argue that the agency failed to follow the required procedure, as none of them were formally notified of the actions being taken against them.

The lawsuit highlights the significance of due process and fairness in immigration proceedings, emphasizing the importance of transparency, the opportunity for individuals to address accusations, and adherence to legal procedures by governmental authorities.

The Fraudulent Scheme

The F-1 visa program provides an opportunity for foreign students to work in the United States after completing their studies. Graduates can work for up to a year under the Optional Practical Training (OPT) program, while those with STEM degrees have the option to extend their work period for up to three years. This initiative allows international students to gain valuable work experience and jumpstart their careers as they work towards obtaining an H-1B visa or other longer-term immigration status.

The individuals filing the lawsuit were employed by four IT staffing companies: Andwill Technologies, AzTech Technologies LLC, Integra Technologies LLC, and WireClass Technologies LLC. All these companies were initially approved to take part in the Optional Practical Training (OPT) program and had received certification through the E-Verify employment verification program. However, it came to light later that the Department of Homeland Security (DHS) had uncovered a scheme involving these companies that aimed to defraud the government, educational institutions, and foreign national students, as alleged in the lawsuit.

In response to the alleged scheme, the Department of Homeland Security (DHS) took action that, according to the plaintiffs, treated them as if they were knowingly involved in the fraudulent operation, rather than offering them protection as students. As a consequence of the denial of H-1B visas, the plaintiffs were compelled to depart the United States and apply for visas at US consular offices. This process demanded that they seek relief through the DHS, but the plaintiffs assert that they lacked an appropriate avenue to address their situation.

‘Mistake made by someone else’

Siddhartha Kalavala Venkata, one of the plaintiffs, expressed his sentiment in an interview, stating, “If I made a mistake, I would accept it. It was a mistake made by someone else.” He further mentioned that he had received numerous opportunities in the US that he now cannot utilize due to the situation. Venkata worked at Integra through the Optional Practical Training (OPT) program after completing his master’s degree in 2016 at the New York Institute of Technology. Integra was among the significant participants in this training program.

The situation took a concerning turn as the company turned out to be fraudulent from the outset. Despite initial promises to work on projects for prominent entities like The Walt Disney Co. and Apple Inc., the employees soon found themselves in a predicament. Instead of meaningful work, they were asked to pay for so-called “training” that supposedly aimed to enhance their skills, but ended up deteriorating their professional capabilities.

Despite Siddhartha’s decision to leave the company within a few months due to the dubious practices, his hopes of obtaining an H-1B visa were dashed when the Department of Homeland Security (DHS) denied his application, labeling him as associated with the fraudulent activities. The denial left Siddhartha in profound distress, as he realized he was barred from entering the United States, a place where he had aimed to build a successful career and contribute to society.

“I was in complete pain after learning that I couldn’t enter the US,” Siddhartha lamented, reflecting the deep disappointment and frustration he experienced due to the denial of the H-1B visa.