Beata McCann with Hallett McCann Law Group: On May 5, 2020, a judge with the United States District Court for the District of Columbia granted our motion for preliminary injunction against United States Citizenship and Immigration Services (USCIS). Our client filed for an H-1B petition in 2017, which was denied by USCIS twice and which was the subject of this litigation. We filed a complaint in federal court that USCIS acted in an arbitrary and capricious manner when they denied this petition.
Preliminary injunctions are difficult to obtain because we not only had to demonstrate substantial harm to the Plaintiff and to the H-1B beneficiary, but we also had to demonstrate that the Plaintiff will likely prevail on the merits of this case. We did both. While our H-1B beneficiary awaits reconsideration of his petition by USCIS, he has been granted both valid stay in the US and work authorization. We are proud to be fighting for legal immigration against an administration that is trying to eliminate it not by changing any laws, but by unilaterally changing their application of these laws.