A historical legal battle is unfolding in the US as nearly 70 Indian nationals raise their voices against what they claim is an unjust denial of their H-1B work visas. The driving factor behind the case is that these individuals were allegedly caught in a web of employer-driven fraud, a situation they insist they had no knowledge of. Employed through a program tailored for foreign graduates of US universities, they argue that their careers were marred by actions taken by their employers, while they were left to bear the brunt of the consequences.
The lawsuit, now making its way through a federal district court in Washington state, asserts that the Department of Homeland Security (DHS) made sweeping assumptions about these individuals' involvement with fraudulent companies. Their allegations hint at a seemingly rushed process, one that bypassed their right to defend themselves or respond to accusations. This raises a question: Did the DHS jump the gun in assuming guilt, neglecting a fundamental tenet of justice – the right to a fair trial, or at least a fair hearing?
These plaintiffs were participants in a program known as Optional Practical Training (OPT), allowing foreign students on F-1 visas to gain work experience in the US post-graduation. Everything seems to be heading to the right until their association with IT staffing companies took a sour turn. While they might have believed they were on a path to genuine career growth, their employers' fraudulent maneuvers allegedly painted them as “co-conspirators”. The irony lies in the situation that instead of being viewed as victims of a deceitful operation, they were treated as accomplices when facing H-1B visa denial and following consequences, it worth to note that the selection rate in the initial draw of H-1B lottery, fiscal year 2024 is only less than 15%.
The individuals involved in the lawsuit were employed by four IT staffing firms: Andwill Technologies, AzTech Technologies LLC, Integra Technologies LLC, and WireClass Technologies LLC. These companies were granted approval to engage in the Optional Practical Training (OPT) program and were certified through the E-Verify employment verification program. As detailed in the legal complaint, the Department of Homeland Security (DHS) later exposed a scheme orchestrated by these companies to defraud the government, educational institutions, and foreign students.
“Rather than protect the students, however, DHS later sought to sanction them as if they were co-conspirators who knowingly participated in the fraudulent operation,” the complaint said.
Ultimately, this lawsuit sparks questions not only about the actions of the DHS but also about the mechanisms that safeguard individuals from being unfairly ensnared in an employer's malfeasance. Is it time for a more comprehensive and just approach that respects the rights of all parties involved? The case of Sharma v. US Department of Homeland Security unfolds, inviting us to reflect on the delicate balance between security measures and the preservation of justice.
“If you’re not there yet in the H1B process or are battling against H1B denials. There’s also an alternative solution: Day 1 CPT. ”
| What’s Day 1 CPT? How Does it Work?
Day 1 CPT (Curricular Practical Training), is a legal work permit under F-1 visa, where you enroll in a practical academic program that allows you to work full-time from the start of the program. By participating in Day 1 CPT programs, F-1 visa holders under OPT or OPT grace period can transfer SEVIS to another school and maintain legal status, then transition seamlessly into work opportunities on the first day they are eligible, providing a way to maintain employment continuity and explore new avenues for professional growth.
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