This Practice Advisory has information practitioners need to assess whether filing suit in federal court is the right option for challenging an employment-based petition denial.
The Practice Advisory provides:
- Factors to consider before filing suit, such as the strength of the administrative record and whether the preconditions for an Administrative Procedure Act cause of action have been met.
- The components of a complaint and issues to consider, such as whether the court has jurisdiction, where to file, who the parties should be, what causes of action could be asserted, what remedies may be available, and what standards a federal court will apply in reviewing the agency’s decision.
