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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Bengaluru, Nov 26: With a group of Karnataka BJP leaders led by Bijapur MLA Basanagouda Patil Yatnal holding a parallel agitation over the waqf issue, veteran party leader B S Yediyurappa on Tuesday accused them of doing it because of their "self-conceit", and appealed them to work unitedly to strengthen the party.
The former Karnataka chief minister also said that everyone should take the responsibility for the party's defeat in the Assembly bypolls for three segments, even as the BJP's performance is being seen as a "setback" for his son and state president B Y Vijayendra.
"State president B Y Vijayendra has appealed to Basangouda Patil Yatnal and others to stop protesting separately, and work with us unitedly. Despite this, because of their self-conceit, they are doing such things. It is not right on their part," Yediyurappa said.
Speaking to reporters here, he said, "I appeal to them at least now to come forward and cooperate to strengthen the party together."
When told that they are not willing to work unitedly with the state's current leadership of the party and whether he will bring it to the notice of the high command, Yediyurappa said, "We will do our duty. The rest is left to them and central leadership...high command knows everything. Let's see what they will do."
Yatnal-led group include BJP MLAs Ramesh Jarkiholi, B P Harish, and former lawmakers Aravind Limbavali, Kumar Bangarappa and G M Siddeshwara and others.
The leaders, who had stayed away from the protest recently held by the party on the Waqf issue, on Monday held a parallel agitation over the issue in Bidar. Today, they are in Kalaburagi district.
Yatnal and Jarkiholi have been openly critical of Vijayendra, accusing him of indulging in "adjustment politics" with the ruling Congress, and trying to keep the party in his clutches along with his father Yediyurappa.
Noting that the party had faced a setback in the bypolls for Sandur, Shiggaon and Channapatna, Yediyurappa said, "We accept that. What shortcomings were being discussed in the party. It should be ensured that such things don't repeat."
To a question whether the bypoll loss is being seen as a setback to his son Vijayendra, he said, "It is not a question of Vijayendra or Yediyurappa. The loss in all the three seats is a setback for us (party). Everyone should take the responsibility and see to it that such things don't repeat."