Federal Court Immigration Litigation - P-1, O-1, EB-1A
USCIS has systematically increased the denial rate of legal immigration petitions across the board. The increased aggression in denying 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 that specializes in visa petitions for athletes and creatives from all over the world, Sherrod Sports Visas 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 around the world; 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 regular appeals process to appeal denied cases are not effective and take a long time. We have heard from immigration attorneys around the nation 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.
Should I be worried about suing USCIS in Federal Court?
We understand that our clients and other stakeholders around the world 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 precedent in court and also being embarrassed in the media. Our law firm is encouraging 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.”
FAQs 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?
No, 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, it is not mandatory to ask for a motion to reconsider or appeal to BIA. Therefore, stakeholders can sue USCIS without first appealing USCIS, which makes sense to take the decision out of the hands of USCIS and the Department of Homeland Security.
Can I sue the USCIS with just my case or do I have to join with other cases?
Yes. You do not have to sue USCIS with other employers. One advantage is that it would be an easier decision in certain cases 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 United States district court. For this reason, they typically prefer to settle the case outside of court rather than have the court make a decision on the merits of the case.
Can I sue USCIS if my case has been delayed but has not been denied yet?
Yes. Mandamus filing in US federal court is appropriate for cases that are 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 5 months. In case of delay, the mandamus lawsuit can lead USCIS to make a decision more quickly as they are legally supposed to do. USCIS has posted processing times on their website, and it is appropriate to make a mandamus suit when these times are surpassed. Keep in mind that mandamus lawsuits do not change the outcome of a petition, they only make USCIS decide quickly. However, once a decision is made, only then can a person make a decision to sue or appeal.
If you are interested in filing a lawsuit against USCIS for delay or denial of an O-1, P-1, or EB-1A visa, please give us a call at 704-234-8178 or email info@sherrodsportsvisas.com.