Former F-1 Students from India File Lawsuit Against DHS for Visa Denials Based on Employers’ Fraud

The plaintiffs, a group of former F-1 students from India, filed a lawsuit in the U.S. District Court for the Western District of Washington alleging that DHS unlawfully made a blanket finding of inadmissibility against them because they had sought employment or had worked on Optional Practical Training (OPT) for one of four fraudulent companies—Andwill Technologies, AzTech Technologies LLC, Integra Technologies LLC, and WireClass Technologies LLC—while on a student visa. They allege that DHS violated the Administrative Procedure Act (APA) by misinterpreting INA §212(a)(6)(C)(i), and contend that DHS engaged in arbitrary, capricious, and unlawful final agency action and that its decision-making was procedurally deficient and irregular. They seek an opportunity to confront DHS and prove that their association with any of the OPT companies does not render them inadmissible for having either engaged in fraud or for knowingly and willfully making a misrepresentation of material fact when seeking to procure an immigration benefit.

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