How To Fight Against H-1B Extension Denials

A flood of recent articles shows that H-1B renewal requests are being denied at historically high levels. Here we elaborate on how shabbily DHS treats folks who request renewals of their H-1B visas and what you can do about it.

Folks in H-1B category, including those who work for off site contractors, got their visas based on an implicit bargain with the United States government. The government agreed to let them come here, live here, work here, even become ‘legal immigrants’ here, if they in return pledged to respect the immigration laws. These folks came in good faith, worked hard and followed the law. They invested their lives, their hopes and dreams here with the understanding that at the end of the day they would be allowed to see the fruit of their labor.

But now the government denies any such understanding ever existed. DHS has begun a crack down that has resulted in thousands of H-1B visa holders being denied extensions. The crackdown also means that ICE intends to issue Notices To Appear (NTA) to those with denied renewals and to deport them. With the threat of deportation hanging over their heads, these folks are then typically given only 180 days to pack up their lives and leave the country.

Folks who have been denied learn the hard way that the time to act is before their visa was due for renewal. You should know that there is protection, but it only works if you prepare to protect yourself months before your I-94 expires.

  • If you are someone who invested your labor and hopes in reliance on a program that is no longer being executed in good faith, we have discovered a way you can protect yourself.
  • We can show you how to indefinitely delay, perhaps even totally avoid, being deported.
  • Do you have the foresight to plan for tomorrow?
  • Do you want to stay and work in the US beyond the 180 days DHS seems to allow after denial?
  • Please be aware what we have to offer is not a magical solution that makes the problem disappear instantly. Rather we offer a plan and a strategy for protection. Its success depends on your own commitment and awareness.
  • Yes, it will cost you money but much less than you think. Think of this payment as the first test of your commitment. But don’t be too concerned, we are asking for a contribution much less than the price of a cup of coffee a week.
  • We are convinced that when you see our plan and the protection it offers, you will agree that there is great need to provide on going support for those who join us on this journey. Your weekly cup of coffee payment will help us organize and provide that support.

If you think you don’t need to think about protection today, here are some more facts you should take into account.

It’s Worse Than You Think

Over a five year period ending in 2019, H-1B renewal rejections for several continuing employment cases involving off site contractors rose from only 2% to over 30% for some companies.

  • That is 1 in 3 H-1B renewal request has been denied so far.
  • Even companies, such as Amazon, whose H-1B employees work on site have seen a denial rate close to 1 in 5.

Optimists may think their application will be among the 80% that get renewed, not the 20% that get denied. But the realist interested in serious risk assessment should consider the following:

  • A DHS denial cannot be reversed even if it means the US employer will suffer millions in loss; or if H workers and their families are ruined forever.
  • A DHS denial cannot be appealed.
  • A DHS denial can only be rescinded by the order of a federal court.
  • By law, tech workers are mere beneficiaries of the H-1B process, they do not have the right to sue. Only employers can sue if DHS denies an extension.
  • Until now the denials have been so arbitrary and random that no one can really feel safe he or she won’t be hit next.
  • The US government is treating tech workers much as the president, a real estate developer, treated his subcontractors.

In May 2019 the US government announced its own immigration plan. Judging by past performance it will now try to bully Congress into accepting its plan by drastically escalating all visa denials—much as the current president is known to have bullied municipal planning boards to get his projects through.

The government has largely ignored the law in rejecting H-1B renewals and dared those who disapprove to sue it in federal court. (Another play from the president’s playbook as property developer.)

We hereby urge you to ask yourself if you had access to a similar strategy, would you employ it to frustrate the injustice that is being perpetrated against yourself and your family? If you answered in the affirmative, then you owe it to yourself to learn about our workaround. Click Here to Subscribe.

If You Wait To Sue, It’s Too Late Anyway

It’s a strange concession for any government to admit that it doesn’t recognize its own laws. Stranger still is when a government dares its own citizens to sue because it has violated the same law it swore to uphold. Yet that is exactly DHS’s position on H-1B rejections. They know they won’t lose because they are sure the court’s will eventually uphold the executive branch’s unrestricted right to deny renewals.

Suing DHS after a visa has been denied brings little relief to the H-1B beneficiary. The case of Usha Sagarwala underscores this unfortunate reality. She and her family had renewed their visas twice before DHS arbitrarily denied them in November 2018. In April 2019, Usha filed suit asking the court to reinstate her work permit so she could make her monthly mortgage payment. As of this writing the court has denied her request.

It also worth remarking that DHS takes the position that since her employer filed for the H-1B visa, Usha has no legal right to question their decision to change her life for ever.

Two Simple Facts

There are two simple facts we should like to emphasize:

  • DHS holds all the cards. If you wait until your extension is denied, it is practically impossible to have it reversed.
  • As an H-1B visa holder you are in no position to fight the denial of your renewal. You have to look for protection outside the H-1B and labor certification framework.

If you don’t want to take our word for it, please take the time to research and verify what we are saying before making any decisions.

The Workaround

If you have wondered whether you will have enough time to put your affairs in order after DHS denies your renewal request, you need to know how to help yourself. What if we were to tell you that there is still a way you can protect yourself after a denial? A way to allow you:

  • To remain in the US longer than the 180 days DHS seems to allow you to put your affairs in order and leave on your own.
  • To prevent the government from sending agents to your door or your children’s school.
  • To get a chance to apply for employment authorization for your spouse and other family members, including yourself.

What we recommend is not a panacea. It does provide real protection in case of denial, but will not cure the denial itself. It has its own risks and tradeoffs and you should proceed with your eyes open.

We stumbled on this method of protection quite by accident while doing research on a related subject. You will learn, when you subscribe, why lawyers are unlikely to discuss it with you. That’s why we need your support. We aim to provide the resources that will open as many eyes as we possibly can, your own included.

Jailbreak Your H-1B

Implementing our H-1B workaround is not dissimilar to jailbreaking or rooting your phone. We can’t tell anyone if they should jailbreak their phone, void the warranty and open it up to all kinds of gratuitous risks. But we realize that life can put you in such desperate circumstances that none of your options allows you to avoid some risk. In jailbreaking a phone you risk exchanging some original features it came with to gain other and new features which serve you better under the circumstances. The same is true about jailbreaking your status.

Our workaround is not risk free. Nothing in life is. Like everything else this workaround is a mixed bag of risk and reward. We merely intend to provide helpful information to help you along with such decisions. In an upcoming article we will be taking a closer look at the risks involved so folks can decide if their fears are real or illusory.

Help Support Us

We were inspired to ask for your support when we learned that a famous reporter published his controversial book on a new platform because established publishers were too scared to touch it. The how and why of it is all explained in the next issue of our newsletter. We promise not string it out.

For now just keep in mind there is a way of protecting yourself and your family for which people who already have an H-1B visa are uniquely qualified.

0 thoughts on “How To Fight Against H-1B Extension Denials”

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