The American Dream is under fire after a government decision to backtrack on its promise to thousands of skilled immigrants, but justice may be coming in the form of a class-action lawsuit.
Following an initial publishing of the October Visa Bulletin (OVB) from the U.S. State Department (DOS) on September 9, 2015, it seemed that those who had previously been relegated to back-logged visa waitlists would have the opportunity to apply for permanent residency and green-card status. This policy optimization was rendered moot just days later after the DOS issued a revision that severely limited the number of immigrants eligible to apply for work visas under the new policies As a result, and as anticipated by most involved, a class-action lawsuit has been lodged against the DOS, U.S. Citizenship and Immigration Services (USCIS), Secretary of State John F. Kerry, and several other government defendants by those afflicted by the policy change.
The Lead Class Representative on the complaint is Chintan Mehta, an IT professional in Bothell, WA, spent thousands of dollars on attorney fees and medical examinations in preparation for his application only to be spurned by the revision. He and his co-plaintiffs represent thousands, of primarily of Indian and Chinese engineers, scientists, and many other skilled professionals that have had their lives and futures of their families put on hold due to a callous and unexplained renege by the US government. To-date, the DOS, USCIS, and the others involved have yet to come forward take responsibility for their actions.
If justice is to be served, the court will rule that the DOS visa bulletin revision cannot be lawfully enforced and thousands of skilled workers will be able to pursue permanent residency. As many of the plaintiffs have pointed out, it isn’t just about the time and money wasted, but the unrenowned cancelation of their hopes and dreams that will burn the most.
1)Immigrants ‘Heartbroken’ Over About-Face on Visas [http://www.nytimes.com/aponline/2015/10/01/us/ap-us-green-cards-lawsuit.html?_r=2&utm_source=AILA+Mailing&utm_campaign=c1af94c7a1-AILA8_10_1_15&utm_medium=email&utm_term=0_3c0e619096-c1af94c7a1-290666237], The Associated Press, The New York Times, 10-01-2015,
Related Blog Posts:
Mehta v. Kerry. US District Court for the Western District of Washinton at Seattle. 28 Sept. 2015. Print.
Case No. is 15-1543