U.S. employers seeking to employ foreign nationals have seen success in settling lawsuits filed against USCIS challenging visa denials. The American Immigration Lawyers Association (AILA) created a litigation task force to assist business immigration attorneys and businesses in filing suit in response to the shift in treatment of H-1B visa applications following the Buy American and Hire American Executive Order and USCIS’s July 2018 policy memorandum which granted discretion to USCIS officials to deny visa petition without first issuing a request for evidence or a notice of intent to deny.
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