Successful lawsuit regarding a delayed H-1B approval notice

Disclaimer:

PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

We filed an H-1B petition for a company that provides IT related services, on behalf of the beneficiary, a  software developer. An RFE was subsequently issued, responded to and then denied as failing to prove that petitioner established that sufficient speciality occupation work was available and that the position qualified as a specialty occupation. We filed an appeal with the Administrative Appeals Office, the appeal was sustained and the petition was remanded back for issuance of an approval notice. During the following months multiple attempts were made by counsel and petitioner to determine and expedite the processing of the approval notice. After approximately six months of delay in issuance of the notice, we filed a complaint with a United States District Court. We were able to successfully argue that this was an unreasonable delay. The case was settled and approximately ten days after filing the case the approval notice was issued.

Status: We were able to successfully argue that this was an unreasonable delay. The case was settled and approximately ten days after filing the case the approval notice was issued.

Immigration Law

Add new comment

Filtered HTML

  • Web page addresses and email addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • Allowed HTML tags: <a href hreflang> <p> <h2 id> <h3 id> <h4 id> <h5 id> <h6 id> <em> <strong> <cite> <code> <ul type> <ol start type> <li> <dl> <dt> <dd><style> <drupal-entity data-*>
If you want to be notified of a response to your comment, please provide your email address.