A recent ruling by a US district court has affirmed the rights of H-1B visa holders to take legal action if their visas are revoked due to employer fraud involving multiple filings. The decision comes after ten Indian citizens filed a lawsuit following the cancellation of their visas for similar reasons. The court acknowledged the beneficiaries’ right to notification before revocation, addressing a procedural violation by the USCIS.
The ruling represents a significant victory for H-1B visa holders, ensuring their ability to seek legal recourse in cases of visa revocation linked to employer fraud. Ten individuals, all Indian citizens, took legal action after their visas were canceled due to allegations of fraud stemming from multiple filings by their employers.
In their lawsuit, the plaintiffs argued that the USCIS violated procedural requirements by only notifying their employers with a ‘Notice of Intention to Revoke’ (NOIR), without affording them the opportunity to present their arguments or provide relevant facts regarding the visa revocation.
Immigration attorneys involved in the case underscored the importance of the court’s decision, noting that it recognized the rights of H-1B visa beneficiaries to challenge USCIS actions and receive proper notice before any adverse decisions are made.
The lawsuit sought two primary outcomes: the removal of fraud findings against the visa holders and the restoration of their cap numbers. While the government conceded to the first point, the judge rejected attempts to dismiss the second, marking a significant legal victory for H-1B workers.
The case also highlighted concerns over potential collusion among sponsoring companies to increase their chances of success in the H-1B visa lottery. USCIS considers such actions inappropriate, resulting in the denial of pending applications and the revocation of previously approved ones.
Moreover, attorneys argued that the USCIS failed to follow proper procedures, particularly regarding the enforcement of the ‘anti-collusion’ rule. They emphasized that H-1B visa holders are entitled to due process and should be notified of any adverse actions taken against them.
Moving forward, USCIS has implemented measures to address concerns of manipulation in the visa lottery system, ensuring each beneficiary receives equal consideration regardless of the number of registrations submitted on their behalf.
the court’s ruling reaffirms the rights of H-1B visa holders and underscores the importance of transparency and fairness in immigration processes.