Seven US Firms Drop H-1B Lawsuit Against US Federal Agency

In March, the American Immigration Council, on behalf of the seven businesses, had filed a suit, challenging USCIS's arbitrary rejection of H-1B petitions.

A group of seven American businesses Monday announced to have dropped an H-1B lawsuit against the US Citizenship and Immigration Services 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 seven businesses, had filed a suit, challenging USCIS's arbitrary rejection of H-1B petitions filed after October 1 solely 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. "Arbitrary rejections restrict business immigration in the US. The resolution of this case showcases the importance of litigating to challenge unlawful agency actions and advance a fair process for employment-based immigration," said Leslie Dellon, senior attorney (business immigration) at the American Immigration Council.