Worker’s Loss Could Open Door for More H-1B Revocation Cases

Published: 02/12/2020


An Indian software engineer’s failure to convince a federal judge that his H-1B visa was wrongly revoked could wind up helping other, similar challenges.

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U.S. Citizenship and Immigration Services properly revoked Venkata Parcha’s H-1B specialty occupation visa in light of fraud perpetrated by his former employer, Judge Sean D. Jordan of the U.S. District Court for the Eastern District of Texas ruled.

But the case will help pave the way for more H-1B revocation lawsuits, Bradley Banias of Wasden Banias in Mount Pleasant, S.C., said. By finding that courts have authority to review the USCIS’ revocation decisions, Jordan eliminated one of the main arguments the agency typically uses when faced with such cases, he said.

“It definitely opens the door to additional federal court litigation on revocations,” said Banias, who represents Parcha.

H-1B visas, reserved for “specialty occupations” that usually require a bachelor’s degree, have been a target of Trump administration scrutiny for the past three years.

In addition to adopting new policies, the administration has started revoking previously granted H-1B visas not just for fraud, but also because of disagreement with the standards applied by prior administrations.

The practice has potentially wide-ranging implications considering the large number of primarily Indian and Chinese workers who must continually extend their H-1B visas while waiting years for green cards to become available. The green card backlog is partly the result of overall green card caps combined with caps based on the worker’s country of origin.


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