Thank you for your phone calls. After speaking with so many of you, it has become obvious that those who were associated with AzTech, Integra Technologies, Wireclass and Aandwill did so with legitimate intentions and the goal of full compliance with the OPT requirements. While the common thread binding most of you is a visa revocation, there are several categories of individuals who have been impacted, including:
1) those in the US who are beneficiaries of a pending H-1B petition and USCIS has issued a Request for Evidence (“RFE”) or Notice of Intent to Deny (“NOID”) related to their prior OPT experience and/or visa revocation;
2) those in the US who are applying for STEM OPT extensions and USCIS has issued a RFE or NOID related to their prior OPT experience and/or visa revocation;
3) those who attempted to enter the US with a visa and Customs and Border Protection subjected them to expedited removal and a decision to permanently bar them under Section 212(a)(6)(C)(i) of the Immigration and Nationality Act;
4) those who have already been subject to a Section 212(a)(6)(C)(i) decision;
5) those in the US whose visas were revoked, but have not had any other adverse action taken against them yet;
6) those who were associated with at least one of these companies but have not been made aware of any adverse action yet.
Because of the time limits inherent with an RFE or NOID, individuals who fall into Categories 1 and 2 should contact a lawyer immediately. Category 1 individuals (H-1B beneficiaries), in particular, need their own legal counsel because they are only beneficiaries of the petition; the employer-petitioner will decide how to respond to the RFE or NOID and act in its best interests, not necessarily yours.
Because of the permanent bar inherent to a Section 212(a)(6)(C)(i) determination, individuals in Categories 3 and 4 should also seek legal help immediately to challenge that decision. Experience shows that the sooner that such decisions are challenged, the more likely they are to succeed.
Finally, individuals in Categories 5 and 6 should also be proactive in protecting their legal rights and preventing Section 212(a)(6)(C)(i) decisions from being entered. There are steps that should be taken now to assert these rights and forestall adverse government action against you.
Feel free to contact us to discuss your situation.