Litigation

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
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 “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

Lawsuit Demands Response to FOIAs Seeking Data About Immigrant and Nonimmigrant Adjudications
With the data sought through the requests, the Council hopes to better understand USCIS’ adjudication of employment-based immigrant and nonimmigrant petitions and how the adjudication process has evolved over multiple years. Read More

U.S. Employer Challenges USCIS “Not a Specialty Occupation” H-1B Petition Denial Disregarding Employer’s Evidence of Specific Specialty Degree Requirement
This case is representative of the difficulties employers encounter when new occupations emerge to fill business needs which require at least a bachelor’s degree, but no consensus exists as to the degree requirement. Read More

Standards for Avoiding Deportation Cannot Be Shrouded in Secrecy
We filed a FOIA request seeking statistical information, as well as policies and guidance, regarding Board of Immigration Appeals standards for issuing stays of removal. Because the government failed to respond, we're filing a lawsuit. Read More

More U.S. Businesses Are Challenging USCIS H-1B Petition Denials
In recent years, U.S. Citizenship and Immigration Services (USCIS) has been denying H-1B petitions for jobs that the agency previously approved as being in a specialty occupation. This case is representative. Read More

Challenging USCIS “Not a Specialty Occupation” H-1B Petition Denial
The denials of employment-based petitions must end. This suit challenges the policy changes that restrict employers’ lawful use of H-1B workers. Read More

Challenging Credible Fear Interview and Bond Hearing Delays
This case challenges the punitive practice of keeping asylum seekers in custody for weeks or months without access to credible fear interviews or bond hearings and the lack of basic procedural protections—like hearing transcripts and written decisions—in bond hearings, as well as whether asylum seekers must bear the burden of proof in bond proceedings. Read More

FOIA Seeks Information Regarding CBP Responses to Complaints of Officer Abuse
This lawsuit seeks to compel U.S. Customs and Border Protection (CBP) to release records relating to CBP’s complaint process and actions taken in response to complaints made to CBP concerning its agents and officers since January 1, 2012. Read More
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