USCIS ‘arbitrary rejection of H-1B petitions filed after October 1 was challenged by the American Immigration Council in March

On May 3, a group of seven U.S. companies announced that they had dropped an H-1B lawsuit against U.S. Citizenship and Immigration Services after the federal agency agreed to accept and rule on previous decisions on work visas abroad.

In March, the American Immigration Council, on behalf of the seven companies, filed a lawsuit, challenging USCIS ‘arbitrary rejection of H-1B petitions filed after October 1 solely because the employment start date scheduled for H-1B workers was after October 1. .

The lawsuit alleged that based on this timeline, USCIS created an absurd choice: foreign workers had to start October 1 (and not a day later) or the U.S. employer had to misrepresent the employment start date. provided for by “retroceding” the petition.

“Arbitrary rejections restrict business immigration to the United States. The resolution of this case shows the importance of the prosecution in challenging the agencies’ illegal actions and advancing a fair process for employment-based immigration, ”said Leslie Dellon, Senior Counsel (Business Immigration) at the American Immigration Council.

Filed in Federal District Court for the District of Massachusetts, the lawsuit called for an end to USCIS ‘arbitrary and capricious refusal to accept timely and properly filed H-1B petitions, which are subject to the statutory cap. annual H-1B visa numbers assigned each year, according to a press release.

“We dismissed the lawsuit because USCIS quickly corrected its mistake. All applications from our clients are now accepted by USCIS. It is regrettable that legal action was necessary. But we thank USCIS for doing the right thing, ”said Mintz members and plaintiff co-counsel Douglas Hauer and Laurence A. Schoen.