US Court Rules H-1B Visa Holders Can Sue Over Visa Revocation Due to Employer Fraud

A US court ruled that H-1B visa holders can take legal action if their visas are revoked due to their employer's fraudulent actions, establishing a precedent to protect the rights of H-1B workers. This landmark decision ensures H-1B visa holders are not unfairly penalized for their employer's misdeeds and have the opportunity to defend themselves.

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US Court Rules H-1B Visa Holders Can Sue Over Visa Revocation Due to Employer Fraud

US Court Rules H-1B Visa Holders Can Sue Over Visa Revocation Due to Employer Fraud

In a landmark decision, a US district court has ruled that H-1B visa holders have the right to take legal action if their visas are revoked due to their employer's fraudulent actions. The court was hearing a case filed by ten Indian citizens whose H-1B visas were revoked by the United States Citizenship and Immigration Services (USCIS) on the grounds of fraud or misrepresentation by their employers.

The complainants argued that the USCIS violated procedural requirements by only notifying their employers and not giving them a chance to defend themselves. The court recognized that H-1B visa beneficiaries have the right to be notified before their visas are revoked. "The revocation of their visas for only their employers' alleged violations of the law, without notice to them or an opportunity to respond, violates the Administrative Procedure Act," the court stated.

While the government agreed to remove any findings of fraud or misrepresentation against the visa holders, the court denied the government's attempt to dismiss the visa holders' request to have their cap numbers restored. The court noted that the assignment of a cap number is a benefit granted to the employee, not the employer.

Why this matters: This ruling establishes a precedent for protecting the rights of H-1B visa holders and ensures they are not unfairly penalized for their employers' fraudulent actions. It also highlights the need for proper notification and due process in visa revocation cases.

The attorney representing the complainants called the verdict an "incredible victory for H-1B workers." The court case involved an H-1B visa holder whose employer was found guilty of visa fraud over 15 years ago, but the USCIS still sought to revoke his visa even though he no longer worked for that company. This ruling provides H-1B visa holders with the ability to challenge visa revocations that may result from their employer's fraudulent actions, ensuring their rights are protected.

Key Takeaways

  • US court ruled H-1B holders can sue if visas revoked due to employer fraud
  • USCIS violated procedure by not notifying visa holders before revocation
  • Court denied govt's attempt to dismiss visa holders' request to restore cap numbers
  • Ruling establishes precedent to protect H-1B holders from unfair penalization
  • Verdict seen as "incredible victory" for H-1B workers to challenge visa revocations