H-1B Revocation Court Victories!

My pet project for the last year or so has been challenging USCIS’s new policy of revoking H-1Bs for individuals who had multiple companies register their names in the H-1B lottery.  USCIS created a new attestation out of thin air that prohibited this practice, and as a new, substantive requirement, this was unlawful.  There are regulations on the books that allow for related employers to petition for a single individual as long as those employers are able to demonstrate that they have a legitimate business need to do so, and so this new campaign by USCIS is, in my view, entirely unlawful.

I’m happy to announce that after over a year of processing these cases, both before the agency, and then in federal court, we’re seeing our first batch of individuals get their H-1Bs back!  These folks and their employers went through the process of responding to a Notice of Intent to Revoke (for some, multiple), a revocation of their H-1B status, and then they and their employers bravely chose to fight back against the federal government over its unlawful activity.  It was a long and arduous process, with many employees having to leave the U.S., but the court process is playing out as it should, and this month I’ve gotten re-approval notices for multiple for these employees.  They can now resume their employment in H-1B status, and re-enter the U.S. if they were forced to leave.

It can be daunting to fight back against arbitrary decisions or unlawful actions by the federal government.  An immigrant or a business suing the United States takes a lot a courage, but these folks are the heroes that act as checks against government overreach and protect the rights of everyone.  I’m happy to see that they are being rewarded for their willingness to step up!