What should I do if my H-1B is denied? Hi, I’m Jim Hacking, immigration lawyer, practicing law throughout the United States out of my home here on quarantine. Today’s my last day of quarantine, and I’ll be back in the office tomorrow. Thank God for that.
In this video, we’re talking about what happens when your H-1B is denied. I’m shooting this video in mid-September, 2020. In the last 18 months, we’ve seen obviously a huge uptick increase in the number of H-1Bs that are denied by the Trump administration. These denials have been the subject of much controversy and much debate and many lawsuits. The Trump administration has, without any changes to the law, made it much harder to get an H-1B approved or to get a transfer of employers or an extension of status approved. Cases that were approved very quickly in the past and which have been approved time and time again are now getting denied or getting crazy requests for evidence. In response to those denials, you sort of have a choice. One is you can just take it and go back home. Another choice would be to appeal, which is usually a waste of time. The third option would be to sue. I’m here to deal in straight facts.
In the last 18 months, we have filed around 15 lawsuits against the USCIS for H-1B denials. Each one is worse than the last one. They’re ridiculous in the denials that they give. But in every single case that we have filed so far, we have served the defendants with a copy of the lawsuit and USCIS has magically, and amazingly, and surprisingly reversed themselves. They’ve given the H-1B in every case, all 15. Every one that we filed, they have reversed themselves. Now, this is no guarantee that it’ll work in your case, but if your H-1B has been denied, either an original H-1B, or an extension of status, or a change of employer, you need to sue them. Based on the past year and a half of what we’ve seen, we think it’s very likely that if you sue them, they’ll reverse themselves. Again, not a guarantee, but it seems very likely to us if that’s what’s going to happen.
That is our current advice. If your H-1B is denied, you sue the shit out of him. You sue them in Washington, DC. You file a lawsuit in federal court and you ask a judge to declare that what they did was illegal. They don’t want a judge to decide that. They don’t want a judge to declare that. Even before their answer’s due, our clients are getting the I-94s, along with the approval notice. They’re getting exactly what they need and what should have been granted long ago. I guess they figure that if they deny thousands of them and 10% sue, they’re still being able to keep out 90% of the H-1Bs that should have been approved, if you know what I mean.
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