H1B - H4 Entry Ban Lawsuit Filed against Trump Administration

H1B, H4 Visa Entry Ban Lawsuit Filed by 174 Indian Nationals

In H1B Visa by KumarUpdated : 8 Comments

As most of you know President Trump banned entry of H1B, L1, H4, other visas until end of Dec 2020. This is a difficult situation as many families are separated, who came for H1B or H4 Visa stamping or visiting family and got stuck in their home country due to COVID-19. There are few lawsuits expected to be filed against the Trump travel ban for H1B, H4 and L1 visas. To start, late yesterday a first lawsuit was filed by 174 Indian Nationals represented by immigration law firm Wasden Banias. We will cover details of the same and other details in this article.

H1B, H4, L1 Other visas Lawsuit by 174 Indians Summary and Details  

Below is the actual lawsuit entry that you can see from the court filings (for privacy we removed names of individuals). Also, the lawsuit document has restricted access, unlike general lawsuits.

H1B Entry Ban Lawsuit filed by Indians - Case Info

What is the Lawsuit outcome requested by Indian Nationals?

 The arguments and the lawsuit outcome requested by the Indian Nationals is to declare the Executive Order/ Proclamation banning entry of H1B, H4 and others as unlawful, issue H1B, H4 visas for their pending cases and instruct DHS to allow them to enter US.  Below is the actual screenshot of the requested outcome.

Expectation from the Lawsuit by Indian nationals

H1B Entry Ban Lawsuit – Key details and Arguments

We have made it much shorter than general articles and reduced legal jargon for easy understanding.

  • Total People in Lawsuit, Immigration Firm  : The lawsuit has about 174 Indian nationals, that includes 7 minor children. They are represented by Wasden Banias law firm. The law firm is reputed and won the recent H1B Lawsuit by ITServe for Employer Employee and Itinerary against DHS.
  • Trump Overused power of 212(f) : The argument revolves under the legal point stating that Trump exceeded his power and using 212(f) in the context of H1B entry ban is illegal.  This is a congress power as per Immigration and Nationality Act (INA) and Trump has taken it illegally to ban the H1B, H4 and others entry.
  • Suffering of H1B Families Separated: The lawsuit talks about the sufferings of various people who are part of the lawsuit, how their families are separated. How they are not able to get visa stamping. It talks about the H4 holders, who cannot work are no threat to US economy as a point of argument, saying the entry ban is very broad and separating many families though they do not take US jobs or compete with US workforce.
  • Trump Exceeded Power to Regulate US Economy: H1B and other visas are governed by rules set by Congress and banning entry of H1B holder and others to influence the US economy and jobs is in illegal use of power by president Trump.
  • The EO/ Proclamation not logical, does not consider circumstances : They also say that the EO/ Proclamation by Trump is not properly thought through and does not have proper reasons given. This is unlawful under Administrative Procedure Act (APA). Some of the facts submitted in case do are different from the intent of the EO and travel ban.  It is similar to the recent Harvard, MIT Lawsuit against DHS & ICE, where they said the complete circumstances are not considered and not logical.  
  • Indians Impact: It also talks about the impact for Indians as part of the travel ban, as they constitute about 74% of all H1B holders.
  • Dept of Labor – Stop Cancelling LCA, PERMs: It also talks about the process every H1B holder goes through for LCA, PERM process, including the AC 21 act provisions that was passed in 2000. Later they ask that DOL should not cancel them as the process of PERM is done properly as per the regulations.

We may expect couple more lawsuits on the H1B, H4, Others US Entry travel ban soon.  We need to wait and see how this comes out. 

What do you think of the Lawsuit? Share your thoughts in comments.

   

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Comments ( 8 )

  1. KM

    ***PARTIALLY GOOD NEWSSSS***
    dependats of non immigrants who are in US will be issued Visas.
    Below is the exceptions notice from state.

    https://travel.state.gov/content/travel/en/News/visas-news/exceptions-to-p-p-10014-10052-suspending-entry-of-immigrants-non-immigrants-presenting-risk-to-us-labor-market-during-economic-recovery.html#.XxCJGxTPUI0.facebook

  2. RD

    All these 174 people will do is direct trumps rage towards Indians. Cant they just wait 6 months ? I am hearing all these articles about how women are like how will we live 6 months without our husbands, one even said that my son is craving his regular breakfast of avocado and toast and he is forced to eat roti for breakfast here in India. Do you know how stupid this sounds ? Being an Indian, with this lawsuit you will guys will just make Trumps administration angry and he will form new rules and EO that will make younger generation like me hard to even get a visa.

    How can people not kill 6 months with their families in India instead of crying and giving face statements to media reporters to exaggerate. Since this argument is all about H4, job is out of question because majority of H4’s don’t work so what is the harm in spending time with your families in India ?

    This i not even a high stake hearing as of now so won’t play out as fast as the F1 situation.

    We need to start thinking about our actions guys otherwise if Trump get re-elected, he will rain hell on all of us Indians.

    All we do is look at the short term problems, we as a race are not visionary that’s why we don’t have any Indian Bill gates or Elon Musk instead inheritors like Ambani. All i am saying is these people should think about consequences we will face as Indians.

    As you have seen after Trump administration was forced to back down from F1 new rule about Fall Online classes, HE attached colleges and universities by saying they will look into their Tax exempt status and re evaluate. This is coming for us as well because of these 174 Indians. Rookie mistake.

    1. administrator
      Kumar

      RD,
      It is about kids, separated families who are no harm to US Economy. Cannot generalize everyone, there are many real issues with kids separated, not able to go to schools, etc.
      It is not just about Indians, many others have filed lawsuits too.

    1. administrator
      Kumar

      Anonymous,
      It may not be. That case was different and had a lot students and deadline to open for Jul 15, so it was quick. This one may take time.

  3. KM

    This is a good start. Because H4 s are not any job threat to US nationals so it is illogical to say this order is to save Americans Jobs.
    Is there any way that people who would like to support this point can join and strengthen this lawsuit?

    1. administrator
      Kumar

      KM,
      It maybe late to join, but usually, if is a public lawsuit, you can reach to the attorneys of the lawsuit and submit third party supporting briefs too.

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