A Silicon Valley-based IT company has filed a lawsuit against the US government for denying the most sought-after H-1B visa to a highly qualified Indian professional, terming the renunciation \u201carbitrary\u201d and a \u201cclear abuse of discretion\u201d.<\/p>\n\n\n\n
Xterra Solutions alleged in its \nlawsuit that the US Citizenship and Immigration Services improperly \ndenied H-1B visa to Praharsh Chandra Sai Venkata Anisetty, 28, whom it \nhad hired as a Business System Analyst.<\/p>\n\n\n\n
The company\u2019s H-1B \npetition on behalf of Anisetty was denied on the sole ground that the \njob offered to him did not qualify as an H-1B specialty occupation, the \nlawsuit said.<\/p>\n\n\n\n
The H1B visa is a non-immigrant visa that allows US\n companies to employ foreign workers in specialty occupations that \nrequire theoretical or technical expertise. The technology companies \ndepend on it to hire tens of thousands of employees each year from \ncountries like India and China.<\/p>\n\n\n\n
The most sought-after visa has an\n annual numerical limit cap of 65,000 visas each fiscal year as mandated\n by the US Congress. The first 20,000 petitions filed on behalf of \nbeneficiaries with a US masters degree or higher are exempt from the \ncap.<\/p>\n\n\n\n
\u201cThe denial is not supported by substantial evidence in the \nrecord, is contrary to established legal precedent, and is arbitrary, \ncapricious and constitutes a clear abuse of discretion,\u201d the company \nalleged and urged the Northern District of California US District Court \nto set aside the USCIS order.<\/p>\n\n\n\n
Anisetty holds a Bachelor\u2019s degree \nin Engineering as well as a Master\u2019s of Science degree in Information \nTechnology and Management from the University of Texas at Dallas.He \ncurrently holds valid H-4 dependent status through his wife, the \nprincipal beneficiary of an H-1B application.<\/p>\n\n\n\n
From 2014 to 2016, \nAnisetty held valid F-1 non-immigrant status as a student enrolled in \nthe information technology and management master\u2019s program at Texas \nUniversity.<\/p>\n\n\n\n
The company asserted that Anisetty\u2019s current position\n as a Business Systems Analyst meets one or more of the criteria for an \nH-1B specialty occupation.<\/p>\n\n\n\n
\u201cUSCIS\u2019s decision dated February 19, \n2019 denying Xterra\u2019s H-1B petition, filed on behalf of Anisetty, was \narbitrary, capricious, an abuse of discretion, and not in accordance \nwith the law,\u201d the lawsuit said.\n\n<\/p>\n","protected":false},"excerpt":{"rendered":"
A Silicon Valley-based IT company has filed a lawsuit against the US government for denying the most sought-after H-1B visa to a highly qualified Indian professional, terming the renunciation \u201carbitrary\u201d and a \u201cclear abuse of discretion\u201d. Xterra Solutions alleged in its lawsuit that the US Citizenship and Immigration Services improperly denied H-1B visa to Praharsh […]<\/p>\n","protected":false},"author":1,"featured_media":61481,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"footnotes":""},"categories":[87],"tags":[],"class_list":["post-61480","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-world"],"_links":{"self":[{"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/posts\/61480","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/comments?post=61480"}],"version-history":[{"count":1,"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/posts\/61480\/revisions"}],"predecessor-version":[{"id":61482,"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/posts\/61480\/revisions\/61482"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/media\/61481"}],"wp:attachment":[{"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/media?parent=61480"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/categories?post=61480"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/tags?post=61480"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}