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.
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.
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.