USCIS to review rejected H-1B petitions with late start date

Published: 05/05/2021

Source: The American Bazaar

Seven US businesses have dropped a lawsuit against US Citizenship and Immigration Services (USCIS) after it agreed to accept and adjudicate previously rejected H-1B nonimmigrant employment-based petitions.

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The American Immigration Council had filed the suit on behalf of the seven firms in March challenging USCIS’ arbitrary rejection of H-1B petitions filed after Oct. 1 solely because the H-1B workers’ intended employment start date fell after Oct. 1.

The lawsuit alleged that based on this timeline, USCIS created an absurd choice: foreign workers needed to start on Oct. 1 (and not a day later) or the US employer had to misrepresent the intended employment start-date by “back-dating” the petition, according to an AIC press release.

Source: The American Bazaar

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