Update on INS Raid in San Antonio, Texas
Posted Feb 26, 2000

We have recently received some much awaited good news on the INS raid at San Antonio, Texas. Details of the INS raid and the unpleasant experiences of the foreign nationals at the Air Force facility in San Antonio, were mentioned in the Immigration Law Bulletin of the Law Office of Sheela Murthy dated January 28, 2000. The impetus for the INS raid was allegedly the violation of the terms of the H1B Petitions since some worksites were not indicated in the forms filed by the employer. The H1B approvals for the employees had only Houston, Texas, as the work location and not the San Antonio work site. A synopsis of the response of the American Immigration Lawyers Association (AILA) was included in our Bulletin dated February 2, 2000. AILA challenged the need for H1B amendments and required the INS to immediately stop further adverse action against the employer and the employees on this matter, until the law is crystal clear with respect to filing H1B amendments.

At the time of the raids, the INS had issued a Notice to Appear (NTA) to initiate removal proceedings (formerly called deportation) against most of the H1B employees. At the present time, the good news is that the General Counsel of the INS has advised AILA, probably directly in response to AILA's challenge, that the INS has agreed to withdraw the NTAs against the H1B employees issued in connection with the raid. At present, the INS does not intend to pursue removal proceedings against the concerned H1B workers. Apparently, the INS has not yet made a decision on whether they will revoke the H1B approvals for those H1B employees. [Editor's Note: Previously the NTA was called an Order to Show Cause (OSC) under the previous law; now the correct term is NTA.]

The INS raid, and the fall out of this case, again shows the uncertain and ever changing nature of complex immigration laws and regulations. At the present time, if it is determined that INS violated the due process rights of the H1B employees and the company, and that the raid was without valid legal basis and if there was racial profiling of any sort, the INS could be sued on this case. The law itself is in a state of flux, causing anxiety for employers and employees who are doing their best to comply with the requirements, especially when worksites for computer consultants are never fixed for long periods of time. Also, most of the Service Centers now seem to be taking on average between 60 and 90 days to approve an H1B Petition, even when a person is already on an H1B, and is not subject to the H1B cap. The Law Office of Sheela Murthy will continue to provide up to date information on this and other important immigration law developments.