A group of nearly 70 Indian nationals has initiated legal action against the US government, alleging that their H-1B visa applications were rejected due to fraudulent activities by their employers.
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These individuals, who were part of a program for foreign graduates of US educational institutions, claim innocence in their employers’ misconduct and state that they were unfairly penalized without being given the opportunity to defend themselves.
According to a Bloomberg Law report, the Indian nationals are suing the American government after facing H-1B visa denials based on allegations of fraud committed by their employers.
These graduates were employed through a training program designed for foreign graduates of US colleges and universities.
Lawsuit Details
The lawsuit, filed in a federal district court in Washington state, asserts that the plaintiffs were not complicit in any fraudulent activities conducted by their employers, despite their employer’s actions. Despite their innocence, they faced repercussions for their association with these businesses without being granted a platform to present their side of the story.
While now employed by legitimate businesses, the Department of Homeland Security (DHS) has continued to deny them H-1B specialty occupation visas. The plaintiffs argue that the agency unjustly assumed their guilt based on their connection to these companies’ alleged fraudulent activities without allowing them to respond.
Jonathan Wasden, an attorney from Wasden Law representing the plaintiffs, noted that the DHS perceived anyone associated with the companies as being part of an attempt to deceive the US government to secure a visa or immigration benefit through fraudulent means.
The plaintiffs seek to have the court overturn the DHS’s decision, requesting a reconsideration of their eligibility for entry to the US after providing them with an opportunity to address the allegations of fraud. The lawsuit alleges that the DHS exceeded its authority, violated the Administrative Procedure Act, and failed to follow proper procedures by not notifying the plaintiffs of the actions taken against them.
The Fraudulent Scheme
The plaintiffs were employed by four IT staffing companies—Andwill Technologies, AzTech Technologies LLC, Integra Technologies LLC, and WireClass Technologies LLC. These companies were authorized to participate in the Optional Practical Training (OPT) program, allowing foreign students to work in the US after graduating for up to a year, or three years with a STEM degree.
DHS later uncovered a fraudulent scheme by these companies that aimed to defraud the government, educational institutions, and foreign national students, according to the lawsuit. Despite this, the DHS sought to penalize the plaintiffs rather than protect them, treating them as co-conspirators in the alleged fraudulent operation.
Following the visa denials, the plaintiffs were required to leave the US and apply for visas at US consular offices, which necessitated seeking relief from the DHS—an avenue that was not provided.
Personal Impact
One of the plaintiffs, Siddhartha Kalavala Venkata, who worked at Integra through OPT after completing a master’s degree in 2016, shared his experience. Despite leaving the company early on after realizing its fraudulent nature, he faced visa denial based on allegations of fraud, impacting his future opportunities in the US.
“If I made a mistake, I would accept it. It was a mistake made by someone else,” he said. “The US has given me a lot of opportunities that now I cannot use.” Siddhartha’s case highlights the challenging circumstances faced by these individuals as they navigate the aftermath of employer misconduct allegations.
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