WASHINGTON: A Silicon Valley-based IT corporate has filed a lawsuit against the United States executive for denying essentially the most sought-after H-1B visa to a highly qualified 28-year-old Indian professional, terming the renunciation "arbitrary" and a "clear abuse of discretion".
Xterra Solutions alleged in its lawsuit that the United States Citizenship and Immigration Services (USCIS) improperly denied H-1B visa to Praharsh Chandra Sai Venkata Anisetty, whom it had hired as a trade machine analyst.
The corporate's H-1B petition on behalf of Anisetty was once denied on the sole floor that the activity offered to him did not qualify as an H-1B area of expertise occupation, the lawsuit mentioned.
Read additionally: Explain H-1B delays & denials, US court docket orders immigration company
"The denial is not supported by substantial evidence in the record, is contrary to established legal precedent, and is arbitrary, capricious and constitutes a clear abuse of discretion," the corporate alleged and instructed the Northern District of California US district court docket to set aside the USCIS order.
The H-1B visa is a non-immigrant visa that permits US corporations to make use of international workers in speciality occupations that require theoretical or technical expertise. The era corporations rely on it to hire tens of thousands of staff each 12 months from countries like India and China.
The maximum sought-after visa has an annual numerical limit cap of 65,000 visas each fiscal 12 months as mandated through the United States Congress. The first 20,000 petitions filed on behalf of beneficiaries with a US masters stage or higher are exempt from the cap.
Anisetty holds a Bachelor's stage in Engineering (Electronics and Communication Engineering) in addition to a Master's of Science stage in Information Technology and Management from the University of Texas at Dallas.
He recently holds valid H-Four dependent status through his spouse, the main beneficiary of an H-1B application.
From 2014 to 2016, Anisetty held valid F-1 non-immigrant status as a scholar enrolled in the information era and management master's program at Texas University.
Later, he additionally participated in Curricular Practical Training, an employment-training programme with a longtime educational curriculum in the type of cooperative schooling programmes offered through sponsoring employers through agreements with F-1 students' universities.
Read additionally: 'US to propose hike in H-1B application charge'
The corporate asserted that Anisetty's present position as a Business Systems Analyst meets one or more of the criteria for an H-1B area of expertise occupation.
"USCIS's decision dated February 19, 2019 denying Xterra's H-1B petition, filed on behalf of Anisetty, was arbitrary, capricious, an abuse of discretion, and not in accordance with the law," the lawsuit mentioned.
The USCIS gave no rationalization as to why, despite Xterra's vital evidentiary submissions in its request for proof, documenting that Anisetty's position as a Business Analyst met all 4 criteria for a area of expertise occupation, it denied Xterra's petition to change Anisetty's status to that of the main beneficiary of an H-1B petition, it mentioned.
The corporate alleged that the USCIS acted arbitrarily and capriciously to find that the present position offered to the Indian professional did not meet criterion that "a baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position".
Xterra Solutions alleged in its lawsuit that the United States Citizenship and Immigration Services (USCIS) improperly denied H-1B visa to Praharsh Chandra Sai Venkata Anisetty, whom it had hired as a trade machine analyst.
The corporate's H-1B petition on behalf of Anisetty was once denied on the sole floor that the activity offered to him did not qualify as an H-1B area of expertise occupation, the lawsuit mentioned.
Read additionally: Explain H-1B delays & denials, US court docket orders immigration company
"The denial is not supported by substantial evidence in the record, is contrary to established legal precedent, and is arbitrary, capricious and constitutes a clear abuse of discretion," the corporate alleged and instructed the Northern District of California US district court docket to set aside the USCIS order.
The H-1B visa is a non-immigrant visa that permits US corporations to make use of international workers in speciality occupations that require theoretical or technical expertise. The era corporations rely on it to hire tens of thousands of staff each 12 months from countries like India and China.
The maximum sought-after visa has an annual numerical limit cap of 65,000 visas each fiscal 12 months as mandated through the United States Congress. The first 20,000 petitions filed on behalf of beneficiaries with a US masters stage or higher are exempt from the cap.
Anisetty holds a Bachelor's stage in Engineering (Electronics and Communication Engineering) in addition to a Master's of Science stage in Information Technology and Management from the University of Texas at Dallas.
He recently holds valid H-Four dependent status through his spouse, the main beneficiary of an H-1B application.
From 2014 to 2016, Anisetty held valid F-1 non-immigrant status as a scholar enrolled in the information era and management master's program at Texas University.
Later, he additionally participated in Curricular Practical Training, an employment-training programme with a longtime educational curriculum in the type of cooperative schooling programmes offered through sponsoring employers through agreements with F-1 students' universities.
Read additionally: 'US to propose hike in H-1B application charge'
The corporate asserted that Anisetty's present position as a Business Systems Analyst meets one or more of the criteria for an H-1B area of expertise occupation.
"USCIS's decision dated February 19, 2019 denying Xterra's H-1B petition, filed on behalf of Anisetty, was arbitrary, capricious, an abuse of discretion, and not in accordance with the law," the lawsuit mentioned.
The USCIS gave no rationalization as to why, despite Xterra's vital evidentiary submissions in its request for proof, documenting that Anisetty's position as a Business Analyst met all 4 criteria for a area of expertise occupation, it denied Xterra's petition to change Anisetty's status to that of the main beneficiary of an H-1B petition, it mentioned.
The corporate alleged that the USCIS acted arbitrarily and capriciously to find that the present position offered to the Indian professional did not meet criterion that "a baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position".
IT firm sues US govt for denying H-1B visa to Indian
![IT firm sues US govt for denying H-1B visa to Indian]()
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May 17, 2019
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