In response to the Executive Order, which excludes new green applicants, and the proclamation that bans non-immigrant visa holders, including H, L, and J visas, and their relatives from the United States, 174 Indian citizens, including some minors, have who have an H4-dependent visa, filed a lawsuit against the US District Courts of Columbia. They are trying to declare these entry bans illegal and not to comply with the immigration regulations set by Congress.
Related article: 5 alternatives for those affected by the H1-B entry ban
The lawsuit questions the premise of these entry bans, according to which non-immigrants with H, L, J visas and their dependents pose no threat to the US workforce and are right to receive such work visas, while maintaining the balance of the US workforce is taken into account by the US Congress. Entry bans were introduced to protect the jobs of the unemployed. Unemployment has increased steadily since corona virus was declared a pandemic in March 2020.
H4 EAD has a positive impact on the US economy
Read about the advantages for the USA here
The lawsuit alleges that many of the people affected by the ban, including minors with H4 visas, are not allowed to work in the United States and are therefore not a threat to the American labor market. It is also said that many of the H1-B visa holders and their dependents were out of the country when Covid struck. The resulting border closures, closures and travel bans resulted in these beneficiaries being stranded outside the United States. It is unlawful and unjust to be punished if you have no flights or because there are protective standards.
Further lawsuits are expected to follow in the next few days. Several industry groups, including prominent technology companies supported by the American Immigration Lawyers Association, are preparing to file additional lawsuits to address them and to seek an injunction against these entry bans.
Do the H1-Bs and H4s have hope against President Trump’s entry bans?
While Section212 (f) of the US Immigration & Nationality Act grants the U.S. President the right to prohibit certain foreigners from entering the U.S., suspend immigration, and take restrictive measures in the face of a pandemic, the lawsuits have gained hope from the few historical ones such complaints have been received in the recent past.
Together with 17 states, Harvard and MIT filed a lawsuit against the admission of international students with F1 visas to participate in online courses and won! The judgment was withdrawn by ICE within 8 days.
Further details here: International students with an F1 visa do NOT have to deport
Recently, the US Supreme Court ruled in favor of DACA, allowing dreamers to stay in the country and continue to work as permanent residents.
Related Reading: Supreme Court Confirms DACA In A Big Win For 21,000 Indian Dreamers
Several lawsuits have been filed against the executive ordinance that exclude non-US nationals seeking permanent U.S. residence and are pending before the courts.
It is worthwhile to wait and see how these lawsuits will develop and whether the U.S. district courts will either lift these entry bans or issue a temporary stay order. Stay up to date as Path2USA keeps your ears on the ground for the latest updates.
If you want to consult an immigration lawyer on your immigration visa or green card, you can get reliable answers at Lawbench.
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