USCIS sued for denial of H-1B Visa |
Stellar IT Solutions, a Maryland-based staffing and outsourcing company, has filed a lawsuit against U.S. Citizenship and Immigration Services saying the agency had no basis to deny the renewal of an H-1B visa to an Indian American man, who has worked through the company for nearly seven years. According to the complaint, software engineer Kartik Krishnamurthy had applied for a renewal of his H-1B visa in August 2017. Following a trend that began with the advent of the Trump administration – and its `Buy American, Hire American` mandate – USCIS responded four months later to the renewal application with a “Request for Evidence,” as it has begun doing with the majority of H-1B and H-4 applications and renewals. The agency told Krishnamurthy he had until April 17 to respond. But, according to the lawsuit, USCIS denied Krishnamurthy`s application on March 20, a month before the deadline to respond to the RFE. Stellar, which also does business as Steller Software Networks, responded to the RFE on April 17, hoping the matter would be re-opened. USCIS did reopen the case in May, but continued to deny Krishnamurthy`s application.Stellar Software Networks alleges that U.S. Citizenship and Immigration`s denial of a visa for Krishnamurthy was "arbitrary and capricious.
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