Temporary Visa Wrongly Denied During Green Card Wait: Lawsuit

An Indian worker was denied an extension of his skilled temporary visa while waiting for a green card to become available. Now his company is suing.

U.S. Citizenship and Immigration Services denied Balfour Beatty Construction LLC’s petition to extend Anubhav Shandilya’s H-1B visa after deciding that his job isn’t the type of “specialty occupation” envisioned by the law and regulations. The agency wrongly relied on a description of an assistant project manager position in the Labor Department’s Occupational Outlook Handbook to make that decision, the company said in a complaint filed Oct. 16 in federal district court in Washington.

The ...