Lawsuit Demands USCIS Comply with FOIA Requests regarding H-1B Adjudications

Lawsuit Demands USCIS Comply with FOIA Requests regarding H-1B Adjudications

STATUS:
Pending

On behalf of the American Immigration Lawyers Association (AILA), the American Immigration Council filed a lawsuit under the Freedom of Information Act (FOIA) challenging U.S. Citizenship and Immigration Services’ (USCIS)  failure to respond to two FOIA requests asking for records that would explain increased scrutiny and denials of H-1B petitions. The Council and AILA are concerned that USCIS had adopted new adjudication standards without informing the public. The requests ask for records relating to USCIS’s consideration of evidence demonstrating an occupation’s “prevailing wage,” as well as records relating to USCIS’s determination of whether a position is a “specialty occupation.” Because USCIS failed to respond to these FOIAs within the deadlines set by law, the Council and AILA filed suit to compel the agency to produce these important records.

Follow this case:

Most Read

  • Publications
  • Blog Posts
  • Past:
  • Trending