July 20, 2010
Frustrated with what it perceives as a dramatic uptick in denials and use of the request for evidence/information (RFE) to decrease the number of H-1B visa approvals, the private bar’s American Immigration Lawyer Association (AILA) has filed suit against the US Citizenship & Immigration Service (USCIS) and Department of Homeland Security (DHS) to obtain a declaratory judgment from the US District Court in for the District of Columbia to release internal documents revealing the new policy being followed internally that would cause this new trend. The suit was filed after numerous Freedom of Information Act requests filed by AILA starting in February 2009. All the requests have been denied. The FOIA requests were fairly open ended given that AILA does not really know what documents it is seeking.
US companies may petition the USCIS for H-1B visa status for highly skilled foreign nationals that they would like to hire temporarily.