Lawsuit filed challenging arbitrary rejections of H-1B petitions for not having October 1st as the start date.

March 12, 2021
×Close
A lawsuit has been filed on behalf of seven U.S. employers whose H-1B petitions have been unlawfully rejected, challenges U.S. Citizenship and Immigration Services’ (USCIS) arbitrary and capricious refusal to accept timely and properly filed H-1B petitions which are subject to the annual statutory cap on H-1B visa numbers allocated each year. USCIS arbitrarily rejected H-1B petitions filed after October 1 simply because the H-1B worker’s intended employment start date—naturally—also fell after October 1. Based on this timeline, USCIS created an absurd choice: foreign workers needed to start on October 1 (and not a day later), or the U.S. employer had to misrepresent the intended employment start-date by “back-dating” the petition. USCIS has not rejected these petitions across the board—some with an employment start date after October 1 have been accepted without issue. There is no law, regulation or form instruction that require an employer to specify only an October 1 start date in the H-1B petition. The lawsuit was filed in the federal district court for the District of Massachusetts by the American Immigration Council, and the law firms Mintz Levin, Cohn, Ferris, Glovsky & Popeo, PC; Joseph & Hall, PC; Meyner and Landis LLP; Barnes & Thornburg LLP; and Driggs Immigration Law. [reported by AIC]

Related News

VIEW ALL
USCIS Extends and Expands Suspension of Premium Processing for H-1B Petitions

USCIS has just announced that they are now extending the suspension of CAP subject H-1B petitions all the way until February 19, 2019.

Jeff Sessions Wants to Impose Quotas on Immigration Judges.

USCIS has just announced that they are now extending the suspension of CAP subject H-1B petitions all the way until February 19, 2019.

How Trump is quietly rewriting US immigration policy

USCIS has just announced that they are now extending the suspension of CAP subject H-1B petitions all the way until February 19, 2019.