Mumbai: the Alliance of Itsir in a recent lawsuit challenges the requirements to portray the employer to submit an Instant H-1B Petition (Application) with US Citizenship and Immigration Services (USCIS) when receiving the new ‘labor conditions’ application of the’ labor department (Dol ).
The association of more than 1,400 member companies (many of them founded by those from India) stated that this requirement exceeded the USCIS law authority and had to be set aside as Ultra Vires.
Dol regulates and controls wages and working conditions of foreign citizens, including their workplaces.
USCIS determines whether prospective foreign employees meet the requirements of ‘special work’ under the H-1B program.
Statute requires USCIS to make a determination to the H-1B Employer Petition after receiving a consultation from Dol through a certified LCA.
USCIS has no authority to cancel Certified LCA, explaining the legal demands filed in the District Court (Columbia District).
The Plaintiff was represented by Wasden Banias, a fresh LCA law firm that will be obtained for any changes in the field of geographical work.
The lawsuit petition shows that from 2003 to 2015, USCIS has a policy that states that it does not require employers to submit a H-1B petition that is changed when receiving new LCA.
Conversely, if the employer obtains a new LCA before changing the location of foreign national work, and stated with the new LCA provisions, employers are permitted to continue their work on foreign nationals in the new geographical area under USCIS under USCIS.
Approved petition.
There are no requirements for applying for the modified H-1B.
In 2015, USCIS was reversed.
The Immigration Agency announced new legislative rules through the adjudicatory process which requires all employers to apply to be changed after receiving new LCA.
Administrative appeal office formulates general rules that require all employers, without further exception or qualifications, to submit a H-1B petition amended by USCIS when receiving a new LCA from Dol – LCA is only needed if there is a geographical change.
These requirements are imposed through informal adjudications (related to other cases), without advance notice in the federal list that provides opportunities for stakeholders to comment.
Archiving petition with USCIS is very expensive and time consuming for employers.
Archiving employers H-1B Petition may be needed to pay as much as US $ 2,460 (or more depending on the situation) in the submission of costs for each petition.
Plus, the process takes time, shows a lawsuit petition.
The challenge of the lawsuit of the challenge of the USCIS from the submission of the H-1B petition was changed to location changes
