The Silicon Valley-based IT company has tried to refuse to file a lawsuit against the US government about India’s most sought-after H-1B visa, refusing to be “arbitrary” and calling “clear misuse of policy.” Xterra’s solution argues in terms of the US Office of Citizenship and Immigration (USCIS) mistakenly rejecting an H-1B visa for Praharsh Chandra Sai Venkata Anisetty, 28, who is employed as a business systems analyst.
The H-1B company petition on behalf of Anisetty is refused on the grounds that the proposed step cannot be considered as an H-1B specialization, according to the claim. “Refusal is not supported by substantive evidence in records, unlike established and arbitrary legal precedents, changes and makes clear abuse of authority,” the company said, calling on the North California District district court to override USCIS orders.
An H-1B visa is a non-immigration visa that allows US companies to hire foreign workers in special jobs that require theoretical or technical expertise. Technology companies rely on employing tens of thousands of employees each year from countries such as India and China. The most sought visa has a maximum of 65,000 visas per fiscal year per year, as stated by the US Congress. The first 20,000 applications submitted to beneficiaries with a Masters degree or higher than the US are excluded from the upper limit. Anisetty has a bachelor’s degree in engineering (electronics and communication) and a master’s degree in information technology and management from the University of Texas at Dallas.
He currently has a legal H-4 dependency status by his wife, who is the main recipient of claim H-1B. From 2014 to 2016, Anisetty has a valid F-1 non-immigrant status as a student enrolled in the Master of Information Technology and Management program at the University of Texas. Then, he participated in training for employment training programs for jobs with established curricula in the form of cooperative education programs offered by employers through agreements with students regarding F-1 sponsorship.
The company claims that Anisetty’s current position as a business system analyst fulfills one or more specific criteria for H-1B. “The USCIS decision on February 19, 2019, rejected the Hterra H-1B petition, submitted on behalf of Anisetty, arbitrary, changeable, misuse of power and not in accordance with the law,” the lawsuit said. USCIS did not explain why, although there is plenty of evidence to document Xterra in his request for evidence that Anisetty’s position as a business analyst fulfilled the four criteria for special work, she Xterra refused to change Anisetty’s status to petition the main beneficiaries of the petition. H-1B petition.
The company claims that USCIS has acted arbitrarily and unexpectedly determined that the position offered by the Indian profession does not meet the criteria that “a bachelor’s degree or higher or equivalent is usually the minimum requirement for entry into employment”.