Update on Rejections of H-1B Petitions Filed After October 1

A lawsuit was filed on behalf of seven U.S. employers who saw some of their H-1B petitions rejected. The basis of the lawsuit claims the petitions were unlawfully rejected by U.S. Citizenship and Immigration Services (USCIS). The ‘arbitrary and capricious’ refusal of the petitions is subject to the annual cap on H-1B numbers that were allocated in full.

Seemingly, USCIS rejected some H-1B petitions filed after October 1 because the worker’s intended employment date began after October 1. This left employers in a difficult position. They could either backdate the intended employment start date or risk denial if the employee did not enter the position exactly on October 1.

However, USCIS did not summarily reject all H-1B applications that noted a start date of October 1. As such, USCIS agreed to accept and adjudicate the H-1B applications that were previously rejected.

As such, the employers have dropped the lawsuit.

If you or your company had an H-1B denied due to a start date of after Oct 1 or have any questions about immigration, contact us at ILBSG. We work with you to ensure you get the right advice.