H1B Travel Ban Lawsuit Filed (Chance of Winning?)

First H1B travel ban lawsuit filed - claims separation of 174 families from India with US citizen kids, violation of APA act. More cases may be filed.

Anil Gupta
  By Anil Gupta    Updated  10 Aug, 20


Update 10 Aug 2020: Reuters reports that 52 Tech companies including Apple, Microsoft, Netflix, and Twitter added their support for removing the entry ban on H1B visa workers in the lawsuit filed by the National Association of manufacturers in California.

Their claims:

  • The visa restrictions will hurt American businesses,
  • Lead employers to hire workers outside the United States in countries like India, China, and Canada, and
  • further damage the already struggling U.S. economy.

Chances of Winning the Lawsuit?

The chances of winning the H1B travel ban lawsuit are good as per our opinion since it does violate some of the rules of the Immigration Act.

The chance of getting a ‘stay order’ (temporary suspension) on Trump’s travel ban is fair at this time (in Aug) with the strong backing of tech companies.

Earlier on July 21, we told that the ‘stay order’ for H1B worker’s travel ban will not happen for at least 3 weeks and certainly not as fast as it happened in the F1 student’s travel ban lawsuit. This came out true as we stand in August.

Till a temporary suspension (or temporary restraint in legal terms) is issued by the court, the order will remain active and you will not be able to travel or get a new visa stamp.

Are More Litigation Cases Expected?

There will be more litigation filed which will challenge other aspects of this travel ban by other law firms who are actively working on it.

There is no indication if the big corporate companies like Google, Microsoft, Amazon, and Facebook will join this lawsuit or not.

We wish they do add their weight behind this case as they did in F1 students online classes litigation.

Wasden Banias Lawsuit

A new lawsuit has been filed by Wasden Banias law firm challenging the ban on H1b and H4 travel.

They have challenged Trump’s Travel Ban order on behalf of 174 Indians and their 7 minor children.

You can fill the form on Wasden Banias website and request to join the litigation.

Litigation asks Court:

  • To allow issuing visas for H1B and H4 who’s visas are currently filed and pending a decision by the US embassy.
  • To revert the restriction on issuing new H-1B or H-4 visas or allowing new H-1B or H-4 visa holders to enter the USA.

The lawsuit specifically talks about H1B and H4 families but any decision or stay order given by court should be applicable for L1 and J1 visa holders too.

Case Points

The case gives the details of how each plaintiff (the 174 Indian families who are affected by this ban) is facing tough consequences waiting in India and then argues:

  • H1B workers pass stringent Labor (LCA) and recruitment process and Indians are waiting for their Green card priority date.
  • Most of them are long-time U.S. residents with U.S. citizen children are stuck in India when they traveled to meet extended family.
  • Some H4 dependents like H4 kids do not even work and do not replace American workers.
  • Order is against APA as there was no process followed to give notice or a comment period for the public to share an opinion.

Forbes reported the filing of this lawsuit first.

This lawsuit has been filed by the same law firm that has fought and won the H1B case against USCIS and forced them to take back the short H1B approval policy in the IT Serve case.

How to Join Lawsuit?

You can fill the form on Wasden Banias website and request to join the litigation.

We will keep adding more to this list as and when we get to know about it.

If you want to join, here are the current options (updated continuously):



#1 RN Law Firm

Reddy & Neumann P.C. is working with Wasden Banias to file another lawsuit similar to Panda v. Wolf

They are planning on filing this second lawsuit by the end of July 2020. 

You can join the RN Law group lawsuit if:

  • You are an Indian national,
  • have an approved H-1B that is currently valid or an H-4 spouse or child of an H-1B,
  • you must have filed a DS-160, you have not received a visa, and you or a family member remain outside of the US. This would include those who have received 221(g).

This lawsuit will be filed to push the Department of State to make a decision on your pending application. The decision could be anything including approval or denial or form 221g.

As per US law, there should be no retaliation by the US government if you file a case against Trump’s executive order.

It is normal to fear future consequences as you are fighting against the government but usually, in the USA, USCIS or government does not come after you even if you challenge them.

Send an email on litigation@rnlawgroup.com for more information and how to join the lawsuit. 

#2 AILA (American Lawyers Association)

AILA says they will be part of any lawsuit that challenges the Trump’s executive order which banned the entry of skilled workers.

#2 Immigration Voice with Leon Fresco

Leon Frisco, a well-known immigration attorney has requested to share your story with immigration voice on their twitter handle.

They might feature your story on their website to create visibility in the USA media.

They are also thinking of challenging it in federal court.

This page will be updated with more information as it becomes available.

Travel Ban Rules App

Check if you are affected by Travel ban and then take a decision to join the litigation.


If you have a tip to share, please send it to us at contact AT am22tech.com.

If you have questions related to Trump travel ban, check out the already answered questions on the forum.




Author

Anil Gupta
  By Anil Gupta           

Recent discussion on forum

  1. anonymous
    anonymous

    I got any email saying apply for expedited visa appointment for my dependents.

    Bcz we had the appointment in April and got canceled due to covid.


  2. anonymous100
    anonymous100

    That’s interesting. Do you mind providing some additional information.

    Did you request for the expedited appointment?

    Is this for H4 (Spouse & Child)? Which embassy/consulate is it from?


  3. anonymous
    anonymous

    Yes h4 for spouse and daughter. I sent my details. Waiting for the next steps

    Hyderabad embassy HYDCEA@state.gov


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