Suit filed by US lawyers questioning rejection of H1-B visa applications
June 18, 2018In the hunt for answers on increased denials on H1-B visa applications by the US government, an association of US Immigration advocates has filed a lawsuit against the United States Citizens and Immigration Services (USCIS) to procure documents which would explain the increased scrutiny and denials of H-1B petitions by the government units.
The H1-B visa is a temporary non-immigrant work visa for professionals in specialty occupations, requiring a minimum qualification of a bachelor's degree. The H1-B visa has been in controversy since the Trump administration put numerous restrictions and conditions on it, threatening the job and livelihood of thousands of immigrants in US.
The petition has been put forward by the American Immigration Lawyers Association (AILA) after having initially filed requests to the USCIS concerning their adjudication standards due to an increasing number of requests for evidence (RFEs), followed by an increase in the rejection of H-1B visa applications. As the USCIS failed to respond, the AILA was forced to drag them to the Columbia District Court for answers.
The concern raised by the lawyers is based on the questions asked in the RFE while scrutinizing the visa applications and their subjectivity as many applications are being dismissed without a detailed reason or on frivolous grounds.