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Indian nationals file lawsuit against proclamation on H-1B

The lawsuit seeks an order to declare the presidential proclamation restrictions on H-1B visas as unlawful. It also urges the court to compel the Department of State to issue decisions on pending requests for H-1B and H-4 visas.

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Published : Jul 16, 2020, 4:25 PM IST

Updated : Jul 16, 2020, 6:04 PM IST

Washington: A lawsuit has been filed by a group of 174 Indians, including seven minors, against the recent presidential proclamation on H-1B that would prevent them from entering the US due to the suspension of issuing of foreign work visas for the rest of the year.

In his presidential proclamation on June 22, President Donald Trump temporarily suspended issuing of H-1B work visas till the end of the year.

The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.

Read also: Uncertainty looms over H1B visas and green cards: USISPF president

The lawsuit was filed by the Indians in the District Court of Columbia on Tuesday.

Judge Ketanji Brown Jackson at the District of Columbia issued summonses on Wednesday to Secretary of State Mike Pompeo and acting Secretary of Homeland Security Chad F Wolf, along with Labor Secretary Eugene Scalia.

"The proclamation 10052's H-1B/H-4 visa ban hurts the United States' economy, separates families and defies the Congress. While the two former points render it unseemly, the latter point renders it unlawful," said the lawsuit filed by lawyer Wasden Banias on behalf of the 174 Indian nationals.

Read also: Trump move on visas to hit IT sector, not bilateral ties: Experts

The lawsuit seeks an order declaring the presidential proclamation restriction on issuing new H-1B or H-4 visas or admitting new H-1B or H-4 visa holders as unlawful.

An H-4 visa is a visa issued by the US Citizenship and Immigration Services (USCIS) to immediate family members of the H-1B visa holders.

The lawsuit also urges the court to compel the Department of State to issue decisions on pending requests for H-1B and H-4 visas.

"In the administration of our nation's immigration system, we must remain mindful of the impact of foreign workers on the United States' labour market, particularly in the current extraordinary environment of high domestic unemployment and depressed demand for labour," said the presidential proclamation.

PTI

Washington: A lawsuit has been filed by a group of 174 Indians, including seven minors, against the recent presidential proclamation on H-1B that would prevent them from entering the US due to the suspension of issuing of foreign work visas for the rest of the year.

In his presidential proclamation on June 22, President Donald Trump temporarily suspended issuing of H-1B work visas till the end of the year.

The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.

Read also: Uncertainty looms over H1B visas and green cards: USISPF president

The lawsuit was filed by the Indians in the District Court of Columbia on Tuesday.

Judge Ketanji Brown Jackson at the District of Columbia issued summonses on Wednesday to Secretary of State Mike Pompeo and acting Secretary of Homeland Security Chad F Wolf, along with Labor Secretary Eugene Scalia.

"The proclamation 10052's H-1B/H-4 visa ban hurts the United States' economy, separates families and defies the Congress. While the two former points render it unseemly, the latter point renders it unlawful," said the lawsuit filed by lawyer Wasden Banias on behalf of the 174 Indian nationals.

Read also: Trump move on visas to hit IT sector, not bilateral ties: Experts

The lawsuit seeks an order declaring the presidential proclamation restriction on issuing new H-1B or H-4 visas or admitting new H-1B or H-4 visa holders as unlawful.

An H-4 visa is a visa issued by the US Citizenship and Immigration Services (USCIS) to immediate family members of the H-1B visa holders.

The lawsuit also urges the court to compel the Department of State to issue decisions on pending requests for H-1B and H-4 visas.

"In the administration of our nation's immigration system, we must remain mindful of the impact of foreign workers on the United States' labour market, particularly in the current extraordinary environment of high domestic unemployment and depressed demand for labour," said the presidential proclamation.

PTI

Last Updated : Jul 16, 2020, 6:04 PM IST
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