Employment-Based Visa Litigation

When USCIS Gets It Wrong, We Take It to Federal Court

Employment-based petitions are increasingly denied on legal theories that do not survive judicial review. Ariela Lake Law & Consulting represents petitioners and beneficiaries in federal district and appellate courts challenging unlawful adjudications under the Administrative Procedure Act, including EB-1 and EB-2 denials built on flawed application of agency policy.

We do not just refile. We litigate.

EB-1 Litigation

Our EB-1 litigation practice challenges both the individual denial and the two-step process announced in the Kazarian memo. The statute and regulations do not require a separate final merits determination and the extra requirement and step that officers take is unlawful.

As part of the appeal litigation team for Mukherji v. Miller, we were happy to report that USCIS withdrew its appeal, leaving the decision in place. We expect more appellate cases and decisions in the next year. So if you or your client are facing an appeal after a district court decision regarding a EB-1 denial at the final merits determination, please reach out to discuss appellate representation.

EB-2 Litigation

EB-2 and National Interest Waiver denials frequently misapply the Dhanasar framework or ignore evidence that meets it. We challenge these denials in federal court where the agency has substituted its own unstated standard for the one it is bound to follow.

We also litigate EB-2 cases delayed past all reasonable processing time, using the Mandamus Act to compel adjudication.

Why Litigate With Us

We handle individual cases for our own clients and we co-counsel with several other law firms representing EB-1 and EB-2 petitioners. immigration matters exclusively in federal court, not as an occasional add-on to agency practice. Every case we take builds our record and sharpens our approach to the next one. Reach out for a consultation today.