IT Companies Sue US Immigration Agency on Short H1B Visa Duration
An IT advocacy group representing more than 1,000 small IT companies mostly run by Indian-Americans has filed a lawsuit against the US immigration agency for issuing H-1B visas for shorter than three years durations.
The H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise.
These visas are typically issued for three to six years to employers to hire a foreign worker.
Based out of Dallas in Texas, the ITServe Alliance in its 43-page lawsuit filed last week alleged that the US Citizenship and Immigration Services has recently begun a practice of approving H-1B petitions for shorter than three years durations.
ITServe lawsuit against the USCIS alleges that the agency has no authority to misinterpret the existing regulations and shorten the approval durations.
In fact, the United States Congress has specifically granted power to the Department of Labor whose regulations grant three-year approvals, the lawsuit said.
The lawsuit also alleges that the itinerary requirement put forth by the USCIS is also unlawful.
This is the second lawsuit filed by ITServe against USCIS.
"The USCIS has been making arbitrary rules and memos for over eight years, it's our top priority to set things right and hold USCIS accountable to follow the regulations set by the Unites States Congress," said ITServe's national president for 2018, Gopi Kandukuri.
Referring to the recent spate of H-1B denials that ITServe members received, Kandukuri added members of ITServe Alliance are tired of receiving random denials for no reason.