A gaggle of seven American companies Monday introduced to have dropped an H-1B lawsuit towards the US Citizenship and Immigration Services after the federal company agreed to just accept and adjudicate earlier choices on overseas work visas.
In March, the American Immigration Council, on behalf of the seven companies, had filed a swimsuit, difficult USCIS’ arbitrary rejection of H-1B petitions filed after October 1 solely as a result of the H-1B staff’ supposed employment begin date fell after October 1.
The lawsuit alleged that primarily based on this timeline, USCIS created an absurd alternative: overseas staff wanted to start out on October 1 (and never a day later) or the US employer needed to misrepresent the supposed employment start-date by “back-dating” the petition.
“Arbitrary rejections restrict business immigration in the US. The resolution of this case showcases the importance of litigating to challenge unlawful agency actions and advance a fair process for employment-based immigration,” stated Leslie Dellon, senior lawyer (enterprise immigration) on the American Immigration Council.
Filed within the federal district courtroom for the district of Massachusetts, the lawsuit had known as for stopping USCIS’ arbitrary and capricious refusal to just accept well timed and correctly filed H-1B petitions, that are topic to the annual statutory cap on H-1B visa numbers allotted every year, a media launch stated.
“We dismissed the lawsuit because USCIS promptly corrected its error. All of our clients’ applications have now been accepted by the USCIS. It is unfortunate that legal action was required. But we thank the USCIS for doing the right thing,” stated Mintz members and co-counsel for the plaintiffs Douglas Hauer and Laurence A Schoen.
