US IT Body, Cos sue USCIS for $350-m visa fee refund

Pune: A US IT industry body and three US staffing firms have jointly filed a class action lawsuit against the US agency that deals with issuance of visas to foreign nationals, seeking a refund of $350 million that they claim is excess fee charged for H-1B visas. The petition was filed on Sunday by industry body ITServe Alliance and Dallas-based staffing firms iTech US, Smart-Works and Saxon Global.

According to the petition, filed in the District Court of Columbia, the US Citizenship and Immigration Services (USCIS) has charged technology companies $4,000 under a rule that applies to companies with 50 or more employees, of which at least half are on H-1B or L-1 visas. The fee, the petition contends, should only be levied on initial visa applications and not for a change of status, which happens when the employee is already working in the US.