Skip to content
Search

Latest Stories

IT firm sues US government for denying H-1B visa to Indian professional

A SILICON Valley-based IT company has filed a lawsuit against the US government for denying the most sought-after H-1B visa to a highly qualified 28-year-old Indian professional, terming the renunciation "arbitrary" and a "clear abuse of discretion".

Xterra Solutions alleged in its lawsuit that the US Citizenship and Immigration Services (USCIS) improperly denied H-1B visa to Praharsh Chandra Sai Venkata Anisetty, whom it had hired as a Business System Analyst.


The company's H-1B petition on behalf of Anisetty was denied on the sole ground that the job offered to him did not qualify as an H-1B speciality occupation, the lawsuit said.

"The denial is not supported by substantial evidence in the record, is contrary to established legal precedent, and is arbitrary, capricious and constitutes a clear abuse of discretion," the company alleged and urged the Northern District of California US District Court to set aside the USCIS order.

The H1B visa is a non-immigrant visa that allows the US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise.

The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.

The most sought-after visa has an annual numerical limit cap of 65,000 visas each fiscal year as mandated by the US Congress.

The first 20,000 petitions filed on behalf of beneficiaries with a US masters degree or higher are exempt from the cap.

Anisetty holds a Bachelor's degree in Engineering (Electronics and Communication Engineering) as well as a Master's of Science degree in Information Technology and Management from the University of Texas at Dallas.

He currently holds valid H-4 dependent status through his wife, the principal beneficiary of an H-1B application.

From 2014 to 2016, Anisetty held valid F-1 non-immigrant status as a student enrolled in information technology and management master's program at Texas University.

Later, he also participated in curricular practical training, an employment-training programme with an established academic curriculum in the form of cooperative education programmes offered by sponsoring employers through agreements with F-1 students' universities.

The company asserted that Anisetty's current position as a business systems analyst meets one or more of the criteria for an H-1B specialty occupation.

"USCIS's decision dated February 19, 2019, denying Xterra's H-1B petition, filed on behalf of Anisetty, was arbitrary, capricious, an abuse of discretion, and not in accordance with the law," the lawsuit said.

The USCIS gave no explanation as to why, despite Xterra's significant evidentiary submissions in its request for evidence, documenting that Anisetty's position as a Business Analyst met all four criteria for a speciality occupation, it denied Xterra's petition to change Anisetty's status to that of the principal beneficiary of an H-1B petition, it said.

The company alleged that the USCIS acted arbitrarily and capriciously in finding that the current position offered to the Indian professional did not meet the criterion that "a baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position".

(PTI)

More For You

Heidi Klum

Heidi and Leni Klum pose together in co-ordinated Intimissimi gowns at the Venice Film Festival

Instagram/heidiklum

Heidi Klum Venice Film Festival look with daughter Leni reignites criticism over mother-daughter lingerie fashion partnership

Highlights:

  • Heidi Klum and daughter Leni walked the Venice Film Festival red carpet in matching corset-style gowns.
  • The supermodel opted for a blush pink silk design, while Leni wore an inky black version.
  • Both gowns were created by Italian lingerie brand Intimissimi, for which they are ambassadors.
  • The mother-daughter duo previously fronted a controversial campaign for the same brand.

Heidi Klum's Venice Film Festival appearances always generate headlines, but this year she doubled the impact by walking the red carpet with her daughter Leni. The pair stunned in co-ordinated gowns from Italian intimates brand Intimissimi, bringing high fashion and red carpet glamour together in one of the festival’s most talked-about moments. Their matching corset silhouettes highlighted the duo’s modelling credentials and added a striking family twist to the opening night of the prestigious event.

Heidi Klum Heidi and Leni Klum pose together in co-ordinated Intimissimi gowns at the Venice Film Festival Instagram/heidiklum

Keep ReadingShow less
Ahaan Panday

Ahaan Panday says years of blind optimism kept him going before Saiyaara

Instagram/ahaanpandayy

Ahaan Panday says Bollywood wronged him and admits he was delusional before 'Saiyaara' broke box office records

Highlights:

  • Ahaan Panday opens up on being ‘wronged’ before his Bollywood debut
  • Actor admits he spent years in ‘blind optimism’ waiting for launch
  • Saiyaara has become the highest-grossing love story in Indian cinema history
  • The Mohit Suri directorial collected £53 million (₹563 crore) worldwide

Bollywood newcomer Ahaan Panday has revealed that he felt “wronged” by people in the industry before finally making his long-awaited debut with Mohit Suri’s Saiyaara. The 27-year-old actor, who comes from the well-known Panday family, said he lived in “blind optimism” for four to five years as projects kept falling through. Despite setbacks, Ahaan maintained that he never became bitter and channelled his struggles into his performance.

Ahaan Panday says years of blind optimism kept him going before Saiyaara Instagram/ahaanpandayy

Keep ReadingShow less
Jio Platforms

Jio Platforms includes India’s largest telecom operator, Reliance Jio Infocomm, with more than 500 million users. (Photo: Reuters)

Reuters

Jio IPO planned for mid-2026, AI unit announced with Meta and Google

RELIANCE Industries plans to take its telecom and digital arm, Jio Platforms, public by mid-2026, chairman Mukesh Ambani said on Friday. The announcement sets a new timeline for the long-awaited IPO of a business analysts value at over $100 billion.

At its annual general meeting (AGM), Reliance also announced the launch of an artificial intelligence unit in partnership with Google and Meta.

Keep ReadingShow less
Sony next console

The top model could match the PS5 Pro at around £699.99

Nintendo

Sony’s next console could be both handheld and dockable, claim rumours

Highlights:

  • Reports suggest Sony is planning three versions of its next console
  • One model, codenamed Canis, could function as both a handheld and a docked console, similar to Nintendo Switch
  • The flagship version, Orion, is expected to be the main high-spec console
  • Pricing speculation indicates the top model could match the PS5 Pro at around £699.99

Fresh rumours claim Sony is preparing a dockable handheld version of its next-generation console, the PlayStation 6. The device, reportedly codenamed Canis, is said to target the same hybrid market as Nintendo’s Switch and the expected Switch 2.

Details of the rumour

The information comes from YouTube channel Moore’s Law is Dead (via Push Square), which suggests Sony will release three versions of the PS6:

Keep ReadingShow less
Mounjaro price rise

Eli Lilly has agreed a discounted supply deal for its weight-loss drug Mounjaro

iStock

Mounjaro’s highest dose to rise from £122 to £247.50, not £330

Highlights:

  • Eli Lilly had announced a steep price rise of up to 170% for Mounjaro.
  • A new discount deal with UK suppliers will limit the increase for patients.
  • Pharmacies will still apply a mark-up, but consumer costs are expected to rise less than initially feared.
  • NHS pricing remains unaffected due to separate arrangements.

Eli Lilly has agreed a discounted supply deal for its weight-loss drug Mounjaro, easing fears of a sharp rise in costs for UK patients. The new arrangement means that, from September, pharmacies and private services will face smaller wholesale increases than first expected, limiting the impact on consumers.

Why the price rise was announced

Earlier this month, Eli Lilly said it would raise Mounjaro’s list price by as much as 170%, which could have pushed the highest monthly dose from £122 to £330. The company argued that UK pricing needed to align more closely with higher costs in Europe and the United States.

Keep ReadingShow less