US Court Supports Job Renewal For H1B Spouses; Orders US Govt To Respond In 3 Days
A US court has dismissed the US Citizenship and Immigration Services’ (USCIS) motion to dismiss the lawsuit filed for unreasonable delay in issuing their work authorization renewals giving hopes to the dependents of H-1B visa holders.
Huge Delays Causing Troubles For H4 Visa Holders
In addition to that the court has also asked the USCIS to provide information related to one of the plaintiffs, Choudhary’s application in three days.
Here H4 visa holders are the spouses of H-1B visa holders in the US and most of them belong to India.
Prior to this, a total of 45 foreign nationals filed a lawsuit against the immigration agency for the same in the Northern District Court of California on November 3, 2020, claiming the unreasonable delay in issuing H4 EAD renewals.
During the Barack Obama administration, H4 EAD was introduced in 2015 which allowed the spouses of H-1B visa holders to work in the USA.
In turn, it benefitted a big number of Indian women working in the US.
These spouses have been facing huge delays in getting H4, Due to this issue.
This also led to many of them losing jobs as their Employment Authorization Document (EAD) renewal got delayed.
Venue Is Proper
During November, the plaintiffs’ motion for granting automatic renewal of their work re-authorisation was denied.
So, the case moved to the trial.
Further, the USCIS filed for a motion to dismiss the case on grounds of improper venue on December 9.
When the lawsuit was filed since only six plaintiffs reside in the district, and moot since 39 of the 45 plaintiffs have got their H4 renewals and EADs.
Apart from this, the defendants also argued that the cases cannot be enjoined under one lawsuit.
The Judge Jacqueline Scott Corley dismissed the USCIS claims in an order on December 15.
According to her, six plaintiffs in a district is sufficient to establish that the venue is proper.
Although 39 of the 45 plaintiffs might have got their visas, the action is capable of repeating considering that a large number of them are Indian H-1B visa holders, whose spouses would need renewals.
The order says, “For the reasons set forth above, the Court GRANTS in part and DENIES in part defendants’ motion to dismiss… those whose H-4 visa status and EAD renewal petitions have been adjudicated are moot… but those plaintiff’s unlawfulness claims were not… Because Defendant’s updated appendices fail to provide information regarding Plaintiff Choudhary’s applications, Defendants shall produce information regarding her applications within 3 days of this order,”.
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