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Catch-22: Potential Nonimmigrant Visa Issues Employers Should Be Aware Because of COVID-19 Related Furloughs and Shut Downs
What employers are going through today is something that hasn’t been seen in more than a century. To stem the tide of a global pandemic, more and more state and local governments are entering “Stay at Home” or “Shelter in Place” orders requiring businesses to shut down and close their doors. (more…)
A US agency that administers the visa application process is denying fewer H-1B visas following stepped-up filing of lawsuits, immigration lawyers said. This comes despite the US Citizenship and Immigration Services (USCIS) seeking more Requests for Evidence (RFEs) from H1-B visa applicants.
Several immigration lawyers told ET that more lawsuits are being filed against the USCIS.
Deepali Khadakban, a member of an industry body representing over 1,250 small and medium staffing and IT firms doing combined business worth over $5 billion, said its member firms have taken the USCIS head-on in the last two years, filing over 133 cases challenging visa denials. The ITServe Alliance works with companies like Google, Ebay and Bank of America.
To read this article in full, please visit the Economic Times Tech website found here.
A new lawsuit alleges U.S. Citizenship and Immigration Services (USCIS) has unlawfully charged technology companies $350 million in H-1B visa fees. A victory in the case for the plaintiffs would give many technology companies a chance to recoup millions of dollars from the federal government.
“Defendant (“the Agency”) has unlawfully charged United States companies approximately $350 million dollars in visa fees (likely more) over the past six years,” according to a complaint filed on January 26, 2020, in the U.S. District Court for the District of Columbia. “Plaintiffs now seek a refund. For the reasons below, this Court must set aside visa denials based on the nonpayment of this unlawful fee, enjoin the Agency from continuing to charge this fee, and refund all payment of these fees for the past 6 years.”
Most instances of H-1B visa denial do not attract appeals by employers, according to new research by a US-based anti-immigration think tank. This comes even as denial rates for the prized visa category have spiked to 24% in financial year 2019 from about 6% in 2015. In 98.4% of the cases where the H-1B visa was denied, the employer chose not to file an appeal, said David North, a fellow at the Center for Immigration Studies (CIS), which is based in Washington, DC.