Employers Challenge H-1B Denials And Win!

By Carl Shusterman
With the exponential rise in H-1B denials, we recommend that employers consider challenging erroneous USCIS decisions in Federal Court. Three recent decisions by Federal Judges pave the road to success.

H-1B denial rates increased from 6% in fiscal year 2015 to 21% in fiscal year 2019. The denial rate for H-1B extensions increased to 12%.

The laws and regulations governing the H-1B category have not changed. Instead, the U.S. Citizenship and Immigration Services (USCIS) has been interpreting existing regulations in a more restrictive manner than is legally permissible.

Follow the link below for more information on challenging H-1B denials in Federal Court.
If you have any immigration questions, please contact Carl Shusterman
or any of the Clark Hill Immigration attorneys.
Immigration Practice Group Leaders:
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