Litigation

Litigation

USCIS’ Unlawful Denial of H-1B Petitions Spurs Class Action Lawsuit

USCIS’ Unlawful Denial of H-1B Petitions Spurs Class Action Lawsuit

This nationwide class action lawsuit challenges U.S. Citizenship and Immigration Services’ pattern and practice of arbitrarily denying H-1B nonimmigrant employment-based petitions for market research analyst positions filed by United States businesses. Read More

Stopping Policies Endangering Immigration Attorneys, Clients, and the Public During the COVID-19 Pandemic

Stopping Policies Endangering Immigration Attorneys, Clients, and the Public During the COVID-19 Pandemic

The Council filed a lawsuit to close the immigration courts and ensure due process. Read More

FOIA Lawsuit Presses for Records on How Appellate Immigration Judges Are Hired

FOIA Lawsuit Presses for Records on How Appellate Immigration Judges Are Hired

A FOIA request seeking information about new hiring procedures for Board of Immigration Appeals judges was ignored by the government. The Council will now press for their release in court. Read More

FOIA Lawsuit Demands Information About CBP Officers’ Role in Credible Fear Interview Process

FOIA Lawsuit Demands Information About CBP Officers’ Role in Credible Fear Interview Process

This lawsuit seeks to uncover information about the government’s troubling new practice of employing U.S. Custom and Border Protection officers to screen asylum seekers. Read More

Separated Family Members Seek Monetary Damages from United States

Separated Family Members Seek Monetary Damages from United States

The Council is seeking monetary damages on behalf of six asylum-seeking mothers and their children for the trauma they suffered when torn apart under the Trump Administration’s family separation policy. Read More

Challenging the Expansion of Expedited Removal

Challenging the Expansion of Expedited Removal

The Trump administration wants to increase its power to deport immigrants without a fair day in court through expedited removal. We’re suing. Read More

FOIA Lawsuit Demands Release of Information on the Institutional Hearing Program

FOIA Lawsuit Demands Release of Information on the Institutional Hearing Program

This FOIA lawsuit sought information from the EOIR on the Institutional Hearing Program (IHP), which it runs jointly with ICE and the Bureau of Prisons (BOP). Read More

Lawsuit Challenges Systemic USCIS and ICE FOIA Delays

Lawsuit Challenges Systemic USCIS and ICE FOIA Delays

This nationwide class action lawsuit challenges systemic delays in providing immigration files. Read More

U.S. Employer Challenges USCIS “Not a Specialty Occupation” H-1B Petition Denial That Overlooked Web Developer’s Specialized and Complex Duties

U.S. Employer Challenges USCIS “Not a Specialty Occupation” H-1B Petition Denial That Overlooked Web Developer’s Specialized and Complex Duties

As U.S. Citizenship and Immigration Services (USCIS) continues to scrutinize and reject meritorious H-1B petitions, one emerging pattern is its rejection of petitions for entry level positions. We've sued. Read More

U.S. Employer Challenges USCIS

U.S. Employer Challenges USCIS “Not a Specialty Occupation” H-1B Petition Denial of Market Research Analyst Job

In denying the petition, USCIS disregarded substantial evidence that the employer requires a bachelor's or higher degree in a "specific specialty" because of the complexity and specialized nature of the job duties. Read More

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