Murthy Law Firm Resolves H1B Delays through Filing Lawsuit
Posted Jul 03, 2009
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Many companies are experiencing extended delays in the decisions on their H1B petitions. We at the Murthy Law Firm recently utilized the writ of mandamus action to assist a company with multiple H1B petitions that were delayed well beyond the standard U.S. Citizenship and Immigration Services (USCIS) processing time. Several of the H1B petitions were delayed longer than 240 days, even though the company had paid the $1,000 premium processing fee for expedited service. This company approached the Murthy Law Firm for a solution. We filed a writ of mandamus lawsuit on behalf of the company, and all H1B petitions were processed without further delay. Our client has graciously allowed this to be shared with MurthyDotCom and MurthyBulletin readers. Confidential information on our clients is never disclosed. The particulars of a case such as this are never shared without the client's prior written permission.
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Writs of Mandamus Can be Effective in Many Situations
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As regular MurthyDotCom and MurthyBulletin readers know, writs of mandamus have been successful in resolving a wide variety of delayed or improperly processed nonimmigrant and immigrant cases. As noted in our April 10, 2009 NewsBrief, Mandamus Lawsuits for H1B, I-140, and Other Delays, cases that may be resolved include those that have been delayed for FBI, Department of Homeland Security, and USCIS security or background checks. Delays for other reasons, such as USCIS errors, may also be resolved by filing writs of mandamus. We determined that the writ of mandamus was the appropriate approach for this client to require the USCIS to make a decision on the long-pending H1B petitions.
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H1B Petitions Delayed for Consulting Companies
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As many in the IT consulting industry already know, the increased level of scrutiny of H1B employers and H1B petitions has led to delays in H1B processing times. In this specific situation, all the H1B petitions were pending at the same USCIS service center. After paying $1,000 per case for premium processing services, this employer was notified that several H1B cases were being delayed due to unnamed security checks. The employer contacted the Premium Processing Unit at the USCIS service center and was told that the H1B petitions would be processed within 240 days of their filing date. One of the employer's H1B petitions was eventually processed after 240 days, but all other H1B petitions continued to languish at the service center. The client was understandably frustrated. The inaction of the USCIS put created a situation of uncertainty with regard to these filings. The employer was confident that the cases were “good.” However, since the USCIS was not taking any action on the cases, there was no way for the company to address any concerns or to present their side.
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Murthy Takes Mandamus Action
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The Murthy Law Firm prepared and filed a complex and innovative writ of mandamus lawsuit that addressed all of the delayed H1B petitions. After the lawsuit was filed with the appropriate U.S. District Court, Murthy Law Firm attorneys negotiated with the U.S. Attorney's Office to resolve the delays. Less than 60 days from the filing of the lawsuit, the USCIS issued requests for evidence (RFEs) for all the cases. The employer responded to these RFEs, and all involved were pleased to see that there was some action on the pending filings. Some of the employees whose H1B extension petitions were delayed would eventually have exceeded the permitted 240 days of work authorization, requiring that they stop working for the employer. The looming prospect of this loss of work and loss of revenue unnecessarily caused stress to both the managers of the company and to the employees and their families.
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Mandamus Often Leads to Approvals
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Of the multiple H1B cases that were involved in this mandamus lawsuit, the overwhelming majority (all except one) were approved by the USCIS after response to the RFEs. In less than a five-month period, the employer went from being in the a very difficult position, with great potential financial losses and overall uncertainty for the future of the business, to receiving H1B approvals for all but one case. While many believe it should not be necessary for employers to take it upon themselves to sue the USCIS in order to spur them to action, there are times when there is little choice when the USCIS delays interfere with business operations and jeopardize the future of the business. 
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Conclusion
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Through the generosity of our client, we at Murthy Law Firm are pleased to share the positive outcome of this case with MurthyDotCom and MurthyBulletin readers. We would like to express our appreciation for the diligence and cooperation of the USCIS officers and government attorneys who ultimately resolved the delays in the multiple H1B petitions involved. This summary is offered to our to illustrate the creative ways that writs of mandamus and other innovative strategies can be used to solve the underlying problems or delays in a variety of approvable cases.