Plea of 169 Indians against Trump's H-1B visa move rejected
A United States judge has turned down a plea by 169 Indians challenging President Donald Trump's decision to suspend H-1B visas till the end of this year, a move widely criticized by tech giants. The judge, who also has Indian origins, said that the petitioners are unlikely to win against Trump's proclamation, as he refused to pass an order for US State Department.
Trump suspended H-1B visas, that let Indians work in US
H-1B is a non-immigrant visa that lets US companies hire professionals from countries like China and India in occupations that require theoretical and technical expertise. Nearly 500,000 H-1B visa holders work in the US. But in June, Trump, already facing immense criticism over job losses in the coronavirus pandemic, suspended H-1B visas, along with H-4, H-2B, and a few categories of J visas.
Indians returned, sought visas to visit US again
A report in TOI said the plaintiffs were staying in the US, until some time ago, but returned to India due to various reasons, and now needed visas to go back. In the lawsuit, they requested an order for the Secretary of State and the United States consulates "to process, adjudicate, and render final decisions on the Plaintiffs' DS-160 visa applications."
Woman who studied in US drew attention to her problems
In the plea, one individual said she spent six years studying and working in the US, but was stuck in India. Highlighting her problems, she told in the plea that her job is at risk and that she also has to shed money to keep her belongings in the US, safe. Under emotional stress and worried about repaying her loans, the petitioner sought respite.
Case strong, but unlikely to change much: US court
US District Judge Amit P Mehta of US District Court for the District of Columbia, who heard the matter, said the petitioners' request regarding the processing of their visa applications might convince courts, but that's about it. He said they might not be able to secure entry into the US, implying that it would be "futile" if the Department of State processes their applications.
Judge noted that resources would be wasted unnecessarily
"Such an order would risk diverting limited resources away from visa applicants who are eligible under an exception to the proclamation, and could create substantial confusion for visa recipients attempting to enter the country only to be denied at ports of entry," Mehta wrote in his 11-page order.
Immigration Attorney termed the order "unfortunate"
On the order, New York-based Immigration Attorney Cyrus D. Mehta said Judge Mehta unfortunatelyupheld "Trump's authority under the Immigration and Nationality Act 212 (f)." "He did not order US State Department to do so (process visas) through this emergency request for a preliminary injunction as the H-1B visa holders would anyway be unable to enter the US under Trump's ban," he said.
