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Lawsuit FAQ

1. Will it affect my future visa if I participate in the class action?

Answer from lawyer:
We get this question all of the time, it is a common concern. We have never seen USCIS take adverse action because somebody filed suit, or was associated with a lawsuit More often, as Caroline explained on the call, they will pull your application to give you the relief sought in order to defeat the class action. While we can’t promise that there will never be any adverse action, we can tell you that we have never seen this in the past. I don’t think it is likely if for no other reason (and there are other reasons), USCIS has no central repository of information to put a “black mark” on your file.

2. What is the difference between Named plaintiffs and Reserved plaintiffs?

Regarding the named plaintiffs and reserved plaintiffs in the class action, there is no difference between the named plaintiff and the reserved plaintiff in the rights, but the final decision is whether to accept the settlement as the named plaintiff to accept, and if the named plaintiffs must go to court in the end. In some cases, if the final settlement is money, such as medical losses, named plaintiff may give some more money, but our case has nothing to do with money, so for us, named plaintiffs and reserved plaintiffs are no different.
For more info, you can also checkout What does it mean to be the lead plaintiff in a class action lawsuit.

• Quote from Robert’s email regarding the reserved plaintiffs:
  The benefit of a class action is that the named plaintiffs are representatives of the class. The class will included all foreign citizens in student status who have submitted an application for OPT, and whose receipt has not been issued or whose application has not been timely adjudicated. It is not necessary for every member of the class to be named, they are part of this class by definition, so when the Court orders a remedy, or we are able to negotiate a remedy, all members of the class will be included, not just those named. The named plaintiffs represent a range of issues, and our goal was include the representatives as just that, representative of the entire class. The named plaintiffs, as representatives, have taken on the additional responsibility of assisting us with information and communication, and the assistance with costs. If we find that the costs are higher, and we need more money we may ask for others to make a similar contribution.

3. What are the conditions for participating in Robert lawsuit, do I need to pay now?

The class group of Robert file is: “those who have no receipt or those who have not enjoyed the benefits of a timely processed OPT/EAD”. That is, whether you are AZ, TX, with or without receipt, as long as the delay causes actual losses (For example, start date delay|offer loss, etc.), you can participate in the lawsuit. Regarding the payment part, reserved plaintff does not need to pay for the time being. Only when the lawyer feels that the number of named plaintiff is insufficient, it will integrate everyone’s damage from the reserved plaintiff In addition, it will be notified via slack/wechat/email at the same time, and payment is required at this time.

4. How to determine whether you are included in the Reserved plaintiff?

First fill in gform, and there will be a google sheet statistics release later.

5. If students have been waiting for the receipt for more than 2 months but only to get a rejection notice after their grace period, will they be eligible to still stay in the US for the final ruling of this class action lawsuit?

Answer from lawyer:
You asked whether students who are rejected after their grace period will be able to stay in the U.S. until a final ruling on the lawsuit. We will ask the Court to allow these students to resubmit their applications after correcting them, even if their grace period has expired. So the answer is that we don’t know yet, but we hope that the Court will grant this type of relief.

Disclaimer: The information contained in this website is not an official guide, but a summary of the information collected by the students themselves for reference.