From Megan Hess, American Immigration Council <[email protected]>
Subject Justice for all. No exceptions.
Date June 17, 2021 3:10 PM
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Dear John,
Dear Colleague,
Employers and workers deserve a fair, streamlined visa process. That’s why the American Immigration Council and our partners are filing a lawsuit on behalf of employers whose H-1B petitions have been unlawfully rejected.
U.S. Citizenship and Immigration Services (USCIS) arbitrarily rejected H-1B petitions filed after October 1 simply because the employment start date—naturally—also fell after October 1.
Based on this timeline, USCIS created an absurd choice: foreign workers needed to start on October 1 (and not a day later), or the U.S. employer had to misrepresent the intended employment start-date by “back-dating” the petition.
Read the complaint [[link removed]]
USCIS has not rejected these petitions across the board—some with an employment start date after October 1 have been accepted without issue. There is no law, regulation, or form instruction that requires an employer to specify only an October 1 start date in the H-1B petition.
We cannot allow USCIS to continue to reject H-1B petitions based on unpredictable and unreasonable criteria. That’s why we’ve teamed up with partners at Mintz Levin, Cohn, Ferris, Glovsky & Popeo, PC; Joseph & Hall, PC; Meyner and Landis LLP; Barnes & Thornburg LLP; and Driggs Immigration Law to take USCIS to court.
The Council is AILA's nonprofit partner and depends on support from donors like you. To help us continue to bring challenges like this, please consider making a donation today. [[link removed]]
Sincerely,
Leslie K. Dellon
Senior Attorney (Business Immigration)
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