Nearly 70 Indian nationals are suing the US government over being denied visas because of fraud committed by their employers.
The plaintiffs had been hired through a training program for foreign graduates of US colleges and universities called Optional Practical Training (OPT).
Accused companies
Andwill Technologies, AzTech Technologies LLC, Integra Technologies LLC, and WireClass Technologies LLC are the companies in question.
Each of these organizations were approved to participate in OPT and were certified through the E-Verify employment verification program.
One of the complainants, Siddhartha Kalavala Venkata, used to work at Integra when he applied to switch to an H-1B visa.
However, he was rejected due to suspected fraud or intentional misrepresentation.
Discovery of fraud
The Department of Homeland Security had discovered the companies’ scheme to defraud the government, schools and foreign national students.
However, instead of protecting the victims, the DHS later sought to sanction them as if they were co-conspirators who knowingly participated in the fraudulent operation.
After the visa denial, the plaintiffs were required to leave the country and apply for a visa at the US consular office, which demands that they seek relief with DHS.
However, they were given no forum to do so.
Paying for employers’ actions
The complaint said that they were being unfairly punished for being associated with those businesses.
“If I made a mistake, I would accept it. It was a mistake made by someone else,” Venkata said in an interview.
Jonathan Wasden, the attorney who’s representing the plaintiffs said, “The agency assumed that anybody who had touched these companies was somehow guilty of fraudulent misrepresentations to the US government in an attempt to get a visa or immigration benefit.”
They asked to be separated from the actions of their employers.
Now that they have employment at legitimate businesses, the DHS has still denied the workers the H-1B speciality occupation visas.
Complaint against the authorities
The complaint also alleged that the agency violated the Administrative Procedure Act by exceeding its authority and deeming the plaintiffs as inadmissible without having full evidence.
It also pointed out flaws in the agency’s procedure for failing to notify the people of the measures taken against them.
The plaintiffs said that the DHS violated the Immigration and Nationality Act by neglecting to provide notice of actions like visa sanctions and failing to give them a chance to respond with evidence.
Seeking action
They want the agency to reconsider their decision regarding their entry into the US.
They are also seeking the opportunity to address fraud allegations prior to any determinations about their eligibility to enter the US.
