'DHS sought to sanction them as co-conspirators who knowingly participated in the fraudulent operation'
Nearly 70 Indian nationals are suing the federal government, claiming that the Department of Homeland Security (DHS) denied their visas because of fraud perpetrated by their employers.
The plaintiffs are employed through a training program for foreign graduates of US colleges and universities through the Optional Practical Training (OPT) program. They claim they didn’t knowingly engage in fraud even if their employers did, but they were unfairly punished for their association with those businesses, according to Bloomberg Law.
The workers had subsequent employment at legitimate businesses, but their visas were still denied, according to the lawsuit filed Thursday in federal district court in Washington state.
“The agency assumed that anybody who had touched these companies was somehow guilty of fraudulent misrepresentations to the US government in an attempt to get a visa or immigration benefit,” Wasden Law attorney Jonathan Wasden, who’s representing the plaintiffs, said in a Bloomberg Law report.
DHS allegedly violated the Immigration and Nationality Act by failing to provide notice of actions like visa sanctions and neglecting to grant them the opportunity to respond with evidence, according to reports.
In March, the U.S. Citizenship and Immigration Services (USCIS) opened the initial registration period for employers seeking H-1B visas for the fiscal year 2024.
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