New Delhi: A silicon valley based IT company ‘Xterra Solutions’, filed a lawsuit against the US government for denying the most sought-after H-1B visa to a highly qualified Indian professional, terming the rejection ‘arbitrary’ and a ‘clear abuse of discretion’.
Xterra has alleged in its lawsuit that the US Citizenship and Immigration Services (USCIS) inappropriately denied H-1B visa to Praharsh Chandra Sai Venkata Anisetty, 28, whom it had hired as a Business System Analyst.
Alleging the USCIS of abusing power, the company said, “The denial is not supported by substantial evidence in the record, is contrary to established legal precedent, and is arbitrary, capricious and constitutes a clear abuse of discretion.”
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The lawsuit said that the company's H-1B petition on behalf of Anisetty was denied on the sole ground that the job offered to him did not qualify as an H-1B specialty occupation.
Anisetty holds a Bachelor's degree in Engineering (Electronics and Communication Engineering) as well as a Master's of Science degree in Information Technology and Management from the University of Texas at Dallas.
He currently holds valid H-4 dependent status through his wife, the principal beneficiary of an H-1B application.
The H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.