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….
Category Archives: APA litigation/Mandamus filings 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…