Federal Court Immigration Litigation - P-1, O-1, EB-1A
Navigating the increasing rates of visa denial can be challenging. With USCIS’s heightened scrutiny across various visa categories, Innovative Immigration Law stands ready to guide and advocate. Explore our insights and proactive approaches to these evolving challenges.
USCIS has systematically increased the denial rate of legal immigration petitions. The increased aggression in visa denial visas started with asylum petitions and now has spread to H-1b petitions and, most recently, extraordinary ability visas in the P-1, O-1, and EB-1A categories. As a firm specializing in visa petitions for athletes and creatives from all over the world, Innovative Immigration Law has first-hand experience in the quality and fairness of petitions. We are committed to being part of the solution for our clients and the employers of the top athletes and creatives worldwide; we are bringing our cases to the United States federal court.
The statistics supporting the positive reactions to bringing unfair decisions to the United States federal court are substantial and efficient. Furthermore, the normal appeals process to appeal visa denial cases must be more compelling and take a long time. We have heard from immigration attorneys nationwide that Motions to Reconsider and Appeals to the Board of Immigration Appeals are only successful less than 10% when pursued. This makes sense when one considers that these options are an internal appeal to the same agency that denied the visa petition in the first place.
We understand that our clients and other stakeholders worldwide may be worried about suing the USCIS due to potential retaliation, but most often, the opposite is true. USCIS is more likely to treat petitions that might lead to litigation with care due to the exposure of potentially setting a precedent in court and also being embarrassed in the media. Our law firm encourages stakeholders who have undergone similar negative experiences with USCIS to file lawsuits together to control costs and bolster the strength of lawsuits, such as when USCIS improperly evaluates the requirement for international competitions on P-1 cases.
“Retaliation from USCIS is that last thing stakeholders should think about when considering suing the United States Citizenship and Immigration Service,” said Sherrod Seward, sports practice group lead at Sherrod Sports Visas. “Statistics show that there are only upsides to seeking fairness on your petitions outside of USCIS if the application was prepared properly.”
Frequently Asked Questions
Do I have to appeal my case with a motion to reconsider or an appeal with the Immigration Board of Appeals ("BIA") before suing USCIS in federal court?
Under the Administrative Procedure Act, stakeholders who have issues with decisions from United States federal agencies only have to exhaust MANDATORY remedies inside of the agency. For non-immigrant visa petitions such as P-1, P-1s, O-1, O-2, and EB-1 petitions, asking for a motion to reconsider or appeal to BIA is not mandatory. Therefore, stakeholders can sue USCIS without first demanding USCIS, which makes sense to take the decision out of the hands of USCIS and the Department of Homeland Security.
Yes. You do not have to sue USCIS with other employers. One advantage is that it would be an easier decision in some instances for the US attorney to only have to change one petition. Why is USCIS generally careful in litigation? Decisions made in US federal courts can change policy for United States agencies. This means that USCIS may have to change its policies for ALL of the cases they adjudicate if they experience an unfavorable decision in the United States district court. For this reason, they typically prefer to settle the issue outside of court rather than have the court decide on the case’s merits.
Yes. Mandamus filing in US federal court is appropriate for cases experiencing processing delays. Generally, USCIS is supposed to make decisions on most non-immigrant employment visa petitions within 60 days. In our firm, we noticed that certain countries are experiencing far more delays than others. For example, we have had a request for evidence pending with an Olympic-level Indian boxer for over five months. In case of delay, the mandamus lawsuit can lead USCIS to decide more quickly than they are legally supposed to. USCIS has posted processing times on its website, and it is appropriate to make a mandamus suit when these times are surpassed. Remember that mandamus lawsuits do not change the outcome of a petition; they only make USCIS decide quickly. However, once a decision is made, a person can only choose to sue or appeal.
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We understand that immigration can be a complex and stressful process. That’s why we’re here to help you every step of the way. We’ll work with you to understand your individual needs and goals, and we’ll develop a personalized plan to help you achieve them. We’re here to provide you with the peace of mind you need so you can focus on what’s important: your future