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Immigration Law

Expert: Lawsuit Could Force USCIS to Repay $350M in Visa Fees

Shilpa Phadnis, TNN, Jan. 28, 2020

"A lawsuit has been filed in a US court against the US Citizenship and Immigration Services (USCIS) alleging that the agency unlawfully charged US tech companies a total of $350 million for a change of status application to H-1B visas. The plaintiffs – ITServe Alliance, iTech US, Smart Works and Saxon Global – have sought that the court must stop USCIS from continuing to charge this fee and refund all payments of these fees for the past six years. ... Stephen Yale-Loehr, professor of immigration law practice at Cornell Law School, said the lawsuit is important for two reasons: “First, it tries to force the USCIS to follow the plain language of the immigration law, and not effectively change the law by overly expansive interpretations. Second, the lawsuit is important because if the plaintiffs win, the USCIS could be forced to repay US companies about $350 million dollars in excess visa fees paid over the last six years.""