Last Updated on May 16, 2022 by Linda Lee

Appeal your H1B Denial Now

H-1b Denial Appeal
Overturn the decision in 2-4 months
Continue to live and work in the U.S.

Was your H-1b application denied?

Overturn an arbitrary and erroneous H1B denial by filing a Federal Lawsuit. Federal Court Litigation may be an effective way of resolving government’s H1B denials and errors. In well over 90% of the cases we file, the government reverses itself within 2-4 months of the case being filed.

h1b federal litigation

At the Immigration Law Office of Los Angeles, we can help you or your employer get results by forcing the government to adjudicate cases that have been unlawfully delayed and overturn H1B application, H1B extension and H1B transfer denials.

We can also help you with:

– Make the government decide on a case that has been sitting for too long (Actions in federal court for mandamus).
– Reverse erroneous denials of visa petitions such as H-1b (Judicial review under the Administrative Procedure Act)

What other options do you have in order to appeal?

A lawsuit in federal court is definitely one of the options that should be taken into consideration in determining how to respond to an unfavorable USCIS decision. Even though it sounds drastic, it’s your life what’s at stake here and we have proven that a lawsuit brings you the fastest results.
If you wish to pursue other routes, the following administrative remedies can be considered:

Motion to Reconsider

A motion to reconsider is basically trying to convince the officer who denied your application that he made a mistake. Given that most people don’t like to admit errors, this strategy is unlikely to be successful unless you have a brand new argument to provide which was not presented before.

Motion to Reopen

Probably the most common response to an H-1b denial is to provide USCIS with the evidence your petition was lacking. This is normally a safe strategy, if possible. However, take into account that some USCIS officers have said that the evidence filed in support of a motion to reopen must not have been available at the time the petition was filed.

Appeal to the Administrative Appeals Office (AAO)

Appeals to the AAO are increasingly falling out of favor as in most cases is ineffective. First, the AAO seems to be strongly oriented towards affirming decisions. In fact, its examiners put a lot of time and thought into their denials which makes them way more difficult to overcome if you subsequently seek review in federal court. What is more, the AAO will frequently affirm the denial of a petition for additional reasons not even mentioned in the initial denial.

New Petition

This is often the best solution since it overcomes most of the disadvantages associated with the aforementioned solutions. Unlike a motion to reconsider, it isn’t automatically sent to the same officer that just denied the prior petition, and unlike a motion to reopen there is no requirement for the new evidence to have been unavailable at the time of filing. Nor does one have to rush to put a new filing together within the 33-day deadline for an appeal or motion.
But, there is a catch. A new petition is probably not going to help if the reason for the previous denial is also applicable to the new petition, or, in case of a non-immigrant petition, if the beneficiary has already lost his status.

Federal Lawsuit

A federal lawsuit will often be a more attractive than an appeal not only because a federal court is, a far fairer tribunal than the AAO, and one which will limit itself only to the initial grounds for denial, and not add new ones, but also because, as discussed, most strong cases are favorably settled before they even go to the judge, often in as little as 2-4 months, far quicker than even a successful AAO appeal.

Call us Now

Michael Piston – Senior Attorney at ILOLA has 34 years experience exclusively in the area of immigration law and is considered one of the most foremost authorities on immigration law.
As recently reported in Mother Jones magazine, he is one of a handful of litigators in the US who have been successfully suing the USCIS to overcome H-1B denials/ F-1 Denials and Adjustment of Status denials.
He has won scores of successful settlements and/or courtroom victories.
Recently, he became the first attorney to win a published decision granting an H-1B non-immigrant a “preliminary injunction” allowing him to continue to work and live in the United States while his lawsuit against the USCIS was pending.

“I highly recommend ILOLA. They went above and beyond to ensure my case was handled with the upmost importance. All communications, be it via email or phone, were professional, knowledgeable, timely, and supportive as well as friendly and compassionate.”

Emily Johnston

“I cannot express how wonderful, professional, and responsive the ILOLA team was. From the very first moment I talked to them, I knew they understood the urgency, and knew exactly what it would take to get me where I needed to be. I am so extremely thankful to ILOLA for helping me obtain the needed visa.”

Janessa Hitsman

“If you are looking for great immigration lawyers – please, look no further! ILOLA is truly amazing. Not only they are extremely knowledgeable and experienced in the immigration field – they are super attentive and dedicated and will treat your case as their own.”

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