Atomeocean Logbook

English

简体中文

English

简体中文

Appearance

H1B Processing Too Long ​

In the United States, if there is a significant delay in the processing of an H-1B application, applicants typically have the following legal recourse, including filing a lawsuit against the United States Citizenship and Immigration Services (USCIS):

  1. Legal Basis for Suing USCIS: When USCIS fails to make a decision on an H-1B application within a reasonable time frame, applicants may consider filing a lawsuit in the U.S. District Court, requesting the court to issue a Writ of Mandamus or to compel USCIS to expedite the processing under the Administrative Procedure Act (APA).

  2. Types and Processes of Lawsuits:

  • Mandamus Lawsuit: If a government agency fails to fulfill its legal duty within a statutory or reasonable time frame (such as making a decision on a visa application), applicants can request a federal court to issue an order compelling USCIS to make a decision promptly.
  • APA Lawsuit: Under the APA, if USCIS's delay exceeds a reasonable period, applicants can sue under the APA, asking the federal court to rule that USCIS has failed to complete the processing within a reasonable time and to order it to expedite the process.
  1. Risks and Considerations:
  • Filing a lawsuit does not guarantee the H-1B will ultimately be approved, but it can prompt USCIS to make a decision more quickly (whether approval or denial).
  • Legal proceedings are complex and time-consuming, usually requiring the hiring of an experienced immigration attorney. The attorney will assess whether the case is suitable for litigation and the feasibility and cost-benefit of filing a lawsuit.
  1. Professional Assistance: Before deciding to file a lawsuit, it is best to consult with a qualified and experienced immigration attorney. The attorney will evaluate whether USCIS's delay has reached a level that warrants litigation and guide the lawsuit process.

Summary: In specific circumstances, if USCIS significantly delays the processing of an H-1B application without reasonable explanation, applicants can file a lawsuit in federal court against USCIS to expedite the processing. However, such lawsuits should be undertaken with a full understanding of the risks and costs, and with the assistance of an attorney.