Indian Nationals File Lawsuit Against US Government for Unjust Visa Denials in Alleged Fraudulent Scheme

A group of nearly 70 Indian nationals has filed a lawsuit against the US government, alleging that their visa applications were unjustly denied due to fraudulent activities carried out by their employers. These individuals, who were employed under a training program for foreign graduates of US colleges and universities, assert that they were unaware of any involvement in fraudulent actions but were still subjected to adverse consequences based on their association with these businesses.

The group filed the lawsuit in a federal district court in Washington state, claiming that the Department of Homeland Security (DHS) wrongfully rejected their H-1B specialty occupation visa applications, even though they subsequently secured legitimate employment with reputable companies.

The plaintiffs argue that the DHS assumed guilt on their part simply because of their association with the implicated companies, without giving them an opportunity to respond. The lawsuit alleges that the DHS violated the Administrative Procedure Act by exceeding its jurisdiction and deeming the plaintiffs inadmissible without presenting comprehensive evidence.

Additionally, the agency's actions were procedurally deficient, as it failed to inform the visa applicants of the actions being taken against them. The plaintiffs in this case were employed by four IT staffing companies—Andwill Technologies, AzTech Technologies LLC, Integra Technologies LLC, and WireClass Technologies LLC.

These companies had been approved for participation in the Optional Practical Training (OPT) program, which allows foreign students on F-1 visas to work in the US for up to 12 months after graduating. According to the lawsuit, the DHS discovered fraudulent activities carried out by these companies, which involved deceiving the government, educational institutions, and foreign students.

Instead of protecting the students, the DHS allegedly sought to penalize them as if they were knowing participants in the fraudulent scheme. The plaintiffs are seeking judicial intervention to overturn the DHS's decisions on their visa applications and to compel the agency to allow them to address any fraud allegations before determining their eligibility to enter the US.

They argue that the Immigration and Nationality Act mandates that the DHS provide notice of actions such as visa sanctions and grant affected parties an opportunity to present counterarguments and evidence. The case, known as Sharma v US Department of Homeland Security, was filed on August 10, 2023, in the US District Court for the Western District of Washington. The DHS has not yet responded to the lawsuit.