Inability to Work Doesn’t Justify Expedited Order on H-1B Denial

[tacobell fan]

A worker who was denied an H-1B visa when she changed employers didn’t prove to a federal judge that she’s facing the kind of economic harm that justifies the court’s immediate intervention.

Usha Sagarwala asked Judge Rudolph Contreras of the U.S. District Court for the District of Columbia to order that she be granted all the benefits she would have received had U.S. Citizenship and Immigration Services granted her the skilled guestworker visa. The order would have kept those benefits in place while Sagarwala pursues her lawsuit over the H-1B denial.

But it wasn’t enough for her simply to say that her inability to work means she won’t be able to pay her mortgage and other bills and likely will have to return to her native India, the court said.

“The Court of course understands that the loss of Sagarwala’s salary would naturally impact her family’s economic circumstances, but she cannot meet her burden without ‘specific details regarding the extent’ of that impact,” Contreras wrote.

He didn’t make any decision with respect to whether the USCIS’s denial of the H-1B was appropriate.

Jonathan Wasden of Economic Immigration Support Services represented Sagarwala. The Justice Department represented the USCIS.

Representatives for the parties weren’t immediately available for comment.

The case is Sagarwala v. Cissna, 2019 BL 135761, D.D.C., No. 1:18-cv-02860, 4/16/19.

[jefferson1]

TLDR pls 

[snoww]

MAGA

[DrBeta]