On May 1 a significantlawsuit was filed in federal court in New Jersey. The Plaintiffs, three IT consultingcompanies, seek to overturn some of the most harassing parts of the USCIS’ policyagainst H-1Bs.
The legal issue is simple: USCIS isonly allowed to enforce laws that are passed by Congress. USCIS is not allowed to create laws. Thelawsuit alleges that the USCIS’ policy of seeking third-party contracts, vendorletters, itineraries, and endless details over employer-employee relationshipsare all outside USCIS’ authority.
Jon Wasden is the attorney whofiled the case. Jon worked at USCIS’sAdministrative Appeals Office and the Justice Department and has substantial experiencein these issues.
If your H-1B has been denied forthese reasons, please let me knowand I can put you in touch with Jon or you can visit his website.