Indian Nationals File Lawsuit Against Trump Visa Ban

Last updated on February 14th, 2023 at 12:41 pm

The Indian nationals are now going ahead to take the judicial route to voice their dissatisfaction over Trump’s recent ban on the H-1B/H4 visa. The law suit has been filed by the immigration law firm Wasden Banias on behalf of 174 Indian nationals including seven minors who have been impacted by this ban.

According to Trump’s ban, those holding valid H-1B/H4 visas are not allowed to travel to the United States. This has severely impacted many students in mid terms and individuals who hold successful jobs in the US.  The United States has been one of the largest markets for Indian talent when it comes to the Information Technology (IT), Biotechnology or research related jobs.

According to the lawsuit filed, It said that “Because the order is ultra vires,” the government’s refusal to issue H-1B or H-4 visas or allow entry to the US based solely on the terms of Executive Order constitutes unlawfully withheld action and this Court can compel “agency action unlawfully withheld”.

In many cases, this is also being considered as violation of human rights. Most of the affected litigants were actually not present in the US when the embassy closures were announced in the Covid-19 lockdown situation. This was followed by a travel ban. In such circumstances, an extension to the visa would have been only the right thing to do, something that the Trump administration has completely sidelined. Even those who were expecting to go back the US and apply for extensions and appear for scheduled visa interviews have been left high and dry, as the embassy closed without prior notice, and now does offer any window of opportunity for Indian nationals to extend their visa.

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