A group of nearly 70 Indian nationals is taking legal action against the US government, claiming that their H-1B visa denials were unjust due to fraudulent actions committed by their employers.
These individuals, employed through a training program for foreign graduates of US institutions, assert that they were unfairly penalized for their employers’ misconduct.
The plaintiffs’ lawsuit, recently filed in a Washington state federal district court, argues that the Department of Homeland Security wrongly denied them H-1B visas despite their subsequent legitimate employment.
The lawsuit also contends that the agency exceeded its authority by not allowing the plaintiffs to respond to allegations of fraud before making a determination on their admissibility.
The Administrative Procedure Act was allegedly violated, as the agency failed to notify the visa applicants of the actions against them.
The suit highlights a larger issue wherein foreign students on F-1 visas, participating in the Optional Practical Training program, face challenges due to fraudulent schemes committed by their employers.
