Thursday, May 3, 2018

H-1B EMPLOYERS SUE USCIS TO STOP HARASSING EMPLOYER-EMPLOYEE RFEs


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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