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Tech Companies File $350 Million Lawsuit Over H-1B Visa Fees
https://www.forbes.com/sites/stuartanderson/2020/01/27/tech-companies-file-350-million-lawsuit-over-h-1b-visa-fees/#4ac1d5972b8b
A new lawsuit alleges U.S. Citizenship and Immigration Services (USCIS) has unlawfully charged technology companies $350 million in H-1B visa fees. A victory in the case for the plaintiffs would give many technology companies a chance to recoup millions of dollars from the federal government.
“Defendant (“the Agency”) has unlawfully charged United States companies approximately $350 million dollars in visa fees (likely more) over the past six years,” according to a complaint filed on January 26, 2020, in the U.S. District Court for the District of Columbia. “Plaintiffs now seek a refund. For the reasons below, this Court must set aside visa denials based on the nonpayment of this unlawful fee, enjoin the Agency from continuing to charge this fee, and refund all payment of these fees for the past 6 years.”
The plaintiffs in the case, represented by Jonathan Wasden and Bradley Banias of Wasden Banias LLC, are ITServe Alliance, iTech US, SmartWorks and Saxon Global. The defendant is USCIS in the person of Ken Cuccinelli, senior official performing the duties of the director, U.S. Citizenship and Immigration Services.
The lawsuit will succeed if plaintiffs can convince the court that USCIS is unlawfully charging “50/50” companies [businesses with at least 50 employees and 50% of their workforce is in H-1B or L status] a $4,000 fee for H-1B visa holders who change status inside the United States – when, the plaintiffs argue, the fee should only be charged when an H-1B professional enters the United States.
In 2010, the House of Representatives passed a bill, which became law (PL 111-230), that included language identical to an amendment from Sen. Charles Schumer that passed the U.S. Senate.
A new lawsuit alleges U.S. Citizenship and Immigration Services (USCIS) has unlawfully charged technology companies $350 million in H-1B visa fees. A victory in the case for the plaintiffs would give many technology companies a chance to recoup millions of dollars from the federal government.
“Defendant (“the Agency”) has unlawfully charged United States companies approximately $350 million dollars in visa fees (likely more) over the past six years,” according to a complaint filed on January 26, 2020, in the U.S. District Court for the District of Columbia. “Plaintiffs now seek a refund. For the reasons below, this Court must set aside visa denials based on the nonpayment of this unlawful fee, enjoin the Agency from continuing to charge this fee, and refund all payment of these fees for the past 6 years.”
The plaintiffs in the case, represented by Jonathan Wasden and Bradley Banias of Wasden Banias LLC, are ITServe Alliance, iTech US, SmartWorks and Saxon Global. The defendant is USCIS in the person of Ken Cuccinelli, senior official performing the duties of the director, U.S. Citizenship and Immigration Services.
The lawsuit will succeed if plaintiffs can convince the court that USCIS is unlawfully charging “50/50” companies [businesses with at least 50 employees and 50% of their workforce is in H-1B or L status] a $4,000 fee for H-1B visa holders who change status inside the United States – when, the plaintiffs argue, the fee should only be charged when an H-1B professional enters the United States.
In 2010, the House of Representatives passed a bill, which became law (PL 111-230), that included language identical to an amendment from Sen. Charles Schumer that passed the U.S. Senate.
Companies don't have to pay any fees to hire US citizens. Every H-1b contract needs a few token US citizens to report to the government. You can be that US citizen! DUers should apply for these jobs today! Get it DUers
