7 US Firms Drop H-1B Lawsuit Against USCIS

A group of 7 American businesses Monday announced to have dropped an H-1B lawsuit against the USCIS after the federal agency agreed to accept and adjudicate previous decisions on foreign work visas.

In March, the American Immigration Council, on behalf of the 7 businesses, had filed a suit. The suit challenges USCIS's arbitrary rejection of H-1B petitions filed after October 1. The USCIS rejects because the H-1B workers'' intended employment start date fell after October 1.

The lawsuit alleged that based on this timeline, the USCIS created an absurd choice: foreign workers needed to start on October 1 (and not a day later) or the US employer had to misrepresent the intended employment start-date by "back-dating" the petition.

"We dismissed the lawsuit because USCIS promptly corrected its error. All of our clients'' applications have now been accepted by the USCIS. It is unfortunate that legal action was required. But we thank the USCIS for doing the right thing," said Mintz members and co-counsel for the plaintiffs Douglas Hauer and Laurence A Schoen.

Filed in the federal district court for the district of Massachusetts, the lawsuit had called for stopping USCIS's arbitrary and capricious refusal to accept timely and properly filed H-1B petition.