What Happens If We Sue The Government?
With the ever-changing landscape of immigration, many employers may want to take the fight back to USCIS but have no idea how to pursue litigation or understand the effects litigation on their company. So naturally, the most common question we get from employers is: will we get punished if we sue the government?
The short answer is, no.
When people think about employment-based immigration, the term litigation is not something that comes to mind. For many, the word litigation is more of a civil and criminal law form of practice that involves dramatic injustice or negligence, not dissatisfying results or long processing times. Suing a company for a wrongful death, of course – suing a doctor for malpractice, definitely – but suing the federal government for delays and partial denials, hold on.
We understand some employers may be worried that if they sue USCIS they could be targeted in the future. Reddy & Neumann, P.C.’s Counsel for Litigation, Jonathan Wasden, has first-hand knowledge that USCIS is incapable of such conspiracy. Most notably, Wasden has pointed out that USCIS is systematically archaic and functions under the assumption that employers will not sue and that they will jump through as many rings of fire as USCIS designs.
But the truth is USCIS does not like being sued. Responding to a lawsuit would require USCIS to do so much more work than they have the capacity or ability to do so, which is why they avoid litigation. On top of that, taking the government to court on delayed cases, shortened approval notices, and denials allows federal judges to review USCIS’ actions (or more appropriately inaction) in open court and the government does not want to have to defend USCIS’ terrible decisions. Not only would suing the government in open court create such a hassle for them, it would be illegal for USCIS to retaliate against employers for exercising their constitutional right.
The fact of the matter is federal court is exactly where employers must go to get USCIS’ attention and possibly a win.
Please feel free to contact our office if you want to get more information about the H-4 and H-4 EAD litigation or visit our litigation website at www.rnimmigrationlitigation.com. These delays continue to impact legal immigrants financially and career wise, and we plan to continue to file lawsuits against USCIS for these delays to continue to fight for fair and timely processing especially since these delays can cause the H-4 EAD holder to lose their jobs.
By: Vy Hoang
Vy is the Managing Attorney for Reddy & Neumann, P.C.'s H-1B department. Her focus is on H-1B specialty occupation and covers all phases of the nonimmigrant visa process.