The American Immigration Council filed a lawsuit in March on behalf of the seven businesses, challenging USCIS’s arbitrary rejection of H-1B petitions.
Washington: A group of seven American companies announced on Monday that they had dropped an H-1B lawsuit against US Citizenship and Immigration Services after the federal agency agreed to accept and adjudicate previous decisions on foreign work visas.
On behalf of the seven companies, the American Immigration Council filed a lawsuit in March challenging USCIS’s arbitrary denial of H-1B petitions filed after October 1 primarily because the H-1B workers’ expected job start date falls after that date.
According to the complaint, the USCIS created an absurd option based on this timeline: foreign employees had to start on October 1 (and not a day later), or the US employer had to misinterpret the expected job start date by “back-dating” the petition.
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“In the United States, arbitrary rejections limit business immigration. The outcome of this case demonstrates the value of filing a lawsuit to challenge illegal agency acts and advance a fair immigration process for workers “The American Immigration Council’s senior counsel (business immigration), Leslie Dellon, agreed.
According to a press release from the federal district court for the district of Massachusetts, the case sought to end USCIS’s arbitrary and capricious reluctance to consider timely and properly filed H-1B applications, which are subject to an annual statutory cap on H-1B visa numbers allocated per year.
The case sought to end USCIS’s arbitrary and capricious refusal to accept timely and properly filed H-1B applications, which are subject to an annual statutory cap on H-1B visa numbers allotted each year, according to a press release from the federal district court for the district of Massachusetts.
