On May 1 a significant
lawsuit was filed in federal court in New Jersey. The Plaintiffs, three IT consulting
companies, seek to overturn some of the most harassing parts of the USCIS’ policy
against H-1Bs.
The legal issue is simple: USCIS is
only allowed to enforce laws that are passed by Congress. USCIS is not allowed to create laws. The
lawsuit alleges that the USCIS’ policy of seeking third-party contracts, vendor
letters, itineraries, and endless details over employer-employee relationships
are all outside USCIS’ authority.
Jon Wasden is the attorney who
filed the case. Jon worked at USCIS's
Administrative Appeals Office and the Justice Department and has substantial experience
in these issues.
If your H-1B has been denied for
these reasons, please let me know
and I can put you in touch with Jon or you can visit his website.
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