Indian Green Card Seekers Ask Court To End Federal Policy Placing Applications In ‘Legal Limbo’ – Work Visas

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A group of green card seekers from India filed a motion for a
temporary restraining order on September 15, 2022, in Datta v.
, asking a U.S. district court in the state of
Washington to end a federal policy that pushes their applications
into a “legal limbo.”

They argue that U.S. Citizenship and Immigration Services’
and the Department of State’s requirement that a visa must be
available at both the time of filing and approval of the
application is wrong. Brad Banias, an attorney for the plaintiffs,
said, “If there is a visa available at the time they filed for
adjustment of status, that’s all that matters.”


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In U.S. immigration, employers and foreign national workers participate in the H-1B lottery each spring, with hopes of securing the temporary work visa, which allows for two, three-year periods of work authorization for highly skilled workers.


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