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.
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:
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:
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.
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.
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.
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.
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.
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.
A legal team with a proven track record of 35,000 cases approved and 80 years of combined experience.
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We’ll take care of your immigration case right the first time.