Around mid-2017, many immigration attorneys noticed a shift in treatment of H-1B visa petitions, the only visa type specifically named in President Trump’s “Buy American and Hire American” executive order. Requests for Evidence (RFEs) and denials by US Citizenship & Immigration Services (USCIS) dramatically increased by the end of fiscal year 2017, according to an analysis of USCIS data. Last year, some immigration attorneys adopted a new strategy: suing the government over visa petition decisions and RFEs. Now, it looks like those efforts may be paying off for some employers. According to immigration attorney H. Ronald Klasko, the majority of complaints he filed in the last year to a year and a half have resulted in decisions in favor of the employer. Klasko argues that litigation is now a necessary part of the practice of immigration law, especially in regard to H-1Bs.
Read moreBloomberg Law: “Immigration Lawyers to Trump: See You in Court”
As a result of increasingly strict immigration policies and more petition denials under the Trump administration, more attorneys are considering suing the federal government. “I’ve been preaching the gospel” of litigation, attorney Thomas Ragland tells Bloomberg Law. Ragland says that although businesses have in the past been more reluctant than individuals to sue, he is encouraging corporate clients to pursue litigation in certain cases. He says: “Employers should consider litigation in cases where they think the agency got it wrong.”
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