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H1B Visa: US Immigration Body Slapped With A Lawsuit For Shortening Visa Duration

Lawsuit claims USCIS have no authority to shortenduration of H-1B visas

A US-based non-profit trade association, ITServe Alliance, has reportedly filed a lawsuit against US Citizenship and Immigration Services (USCIS), the regulatory body which grants H-1B visas. The lawsuit in question challenges Trump administration’s recent policy decisions that have resulted in H1-B visas being granted for a shorter duration.

In the lawsuit, ITServe Alliance claims that the USCIS does not have the authority to shorten the duration of the H-1B visas. It pointed out that US laws prescribe a three-year duration period for an H-1B visa unless the sponsoring employer requests for a lesser period of time. There are even provisions to extend the visa for another three years.

According to a recent report coming from the Times Of India, in some cases, H-1B visas were issued for a very short period of 12, 28 and 54 days. As per the report, in one instance, the approved period of the visa was from September 17 to 29, which is just 12 days.

As per the lawsuit, in some cases, the approval notices were listed with a date post expiry of the approved period. For instance, the approved period was June 15, 2018, up to August 10, 2018, and the approval notice date was August 29, after the expiry of this period.

Well, this is not the first time that Trump’s administration’s H-1B visa changes have come into question. A few months back, the CEOs of some of the biggest American companies including Apple’s Tim Cook, Coca-Cola’s James Quincey, and JPMorgan Chase’s Jamie Dimon signed a letter expressing concern over US President Donald Trump’s immigration policy changes and the H-1B visa policy.  They were concerned about the adverse effects of the Trump administrations’ immigration policies on the country’s economy.

Caroline Finnegan

A professionnal journalist for the past ten years, I cover global news and economic affairs for The Chief Observer.

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