IT companies file lawsuit against US immigration agency over shorter duration of H1B visas
Washington, Oct 16 : 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. The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.
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.
"These petitions are often valid for only months or days at a time, and some cases are expired by the time the approval is received," it said.
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 and DOL's 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. In the first lawsuit filed in July 2018, ITServe demanded USCIS to remove language from their website prohibiting F-1 STEM OPT students working at the third part client locations.
"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 United 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.
"The new battlefield for us is the federal courthouse and not USCIS service centers, he said.
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Kulkarni became victim of BJP conspiracy as he grew politically in North Karnataka: Shivakumar
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Bengaluru (PTI): Deputy Chief Minister D K Shivakumar claimed on Friday that Congress MLA Vinay Kulkarni, who was sentenced to life imprisonment in a murder case, has become a victim of a BJP conspiracy because he was growing politically in the north Karnataka region.
Stating that he has faith in Kulkarni and believes he has done nothing wrong, he said the former minister will fight the case legally by filing an appeal.
A Bengaluru court on Friday sentenced Kulkarni and fifteen others to life imprisonment in the BJP leader Yogeshgouda Goudar murder case.
On Wednesday, Santhosh Gajanan Bhat, Judge of the Special Court for cases involving elected representatives, convicted Kulkarni and others under various IPC sections, including criminal conspiracy and murder.
“I respect the court. But there was a big conspiracy in this case. When the police were about to file a B-report, the CBI was given the case to harass him (Kulkarni). Vinay Kulkarni has become a victim of a BJP conspiracy as he was growing politically in north Karnataka,” Shivakumar said.
Speaking to reporters in New Delhi, he said Kulkarni has several legal options.
“I have spoken to his family. He swore on God and told me that he had not done anything wrong. I still have faith in him. I feel that he has not done anything wrong. He has an opportunity to file an appeal,” he said, adding that he stands with Kulkarni’s family and supporters and believes he will get justice.
The case pertains to the killing of Goudar, a BJP zilla panchayat member, in Dharwad on June 15, 2016. Kulkarni was a minister at the time. Hired assailants allegedly attacked and hacked Goudar to death in his gym in Saptapur, Dharwad.
Following demands from Goudar’s family and others, the then-BJP government transferred the case to the CBI in 2019.
Veteran BJP leader and former Chief Minister B S Yeddyurappa, under whose tenure the case was handed over to the CBI, told reporters in Chikkamagaluru, “I said what I needed to say when the crime happened, and what I said—that the guilty should be punished and justice should be served—has proven true.”
Speaking to reporters in Bengaluru, BJP leader and MLC C T Ravi, reacting to the court order, said, “Justice delayed, but not denied.”
