Deportation During Pendency of H-1B Visa Extension Request


Early this month, the American Immigration Lawyers Association (“AILA”) and the Legal Action Center (“LAC”) of the American Immigration Council filed amicus briefs in the case of Badrani v. Department of Homeland Security (U.S. District of Connecticut) arguing that an H-1B employee with an expired work visa should not be subject to arrest, detention and/or deportation if a pending extension of his work request remains under review.

If the LAC and AILA argument is successful in persuading the Connecticut federal court, then H-1B employers who follow the law would not lose valuable employees merely due to commonplace delays in processing of paperwork. On the other hand, if the government is successful in rebuking the plaintiff’s action, then employers will be hard-pressed to retain key employees with training in designated specialty occupations when there is any gap in paperwork processing due to bureaucratic delays.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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