In a lawsuit filed last week, the ITServe Alliance asks the court to determine whether the US Citizenship and Immigration Services agency has the authority to limit the duration of H-1B visas as it sees fit, Forbes reports . According to the article, the immigration agency has increasingly limited the length of H-1B visas, and sometimes companies applying for a visa have received notification of approval after the visa has expired. The ITServe Alliance is an association representing IT services organizations.
According to the lawsuit , the duration of an H-1B petition is three years unless a shorter period is requested by the applicant employer or the maximum amount of time available under the six-year statutory cap is less than three years. The lawsuit provides examples of visa approvals received by ITServe Alliance member companies, with durations as short as 12 days.
According to the lawsuit, the practice of shortening visas forces companies to “endure a perpetual cycle of H-1B extension petitions to renew employees’ H-1B status; pay exorbitant fees to Defendant; and suffer unpredictable extension adjudications that disrupt Plaintiff’s members’ business operations.”