Category Archives: APA litigation/Mandamus filings information

  1. To Sue Or Not To Sue, That Is The Question

    This article discusses one of the most pressing questions in Immigration today. Whether to sue USCIS in Federal Court over a delayed or denied case. Although this article is written with H-1Bs in mind, it can equally apply to other cases such as delayed or denied H-4s, H-4 EADs, L-1s, I-140 petitions and even EB-5….

  2. APA Litigation and Mandamus Filings General Information

    Filing a Federal Lawsuit under the Administrative Procedure Act (“APA”) is one way in which employers/individuals can challenge unlawful agency action.  Similarly, a Mandamus action can be filed where the agency fails to act within a reasonable time. Exhaustion Requirement Filing suit in Federal Court does not require an employer/individual to exhaust administrative remedies such…