Federal Litigation
Protecting Businesses and Professionals Against Unfair Immigration Decisions
When immigration agencies delay, deny, or mishandle corporate or employment-based cases, businesses and professionals may face serious disruptions. Federal litigation provides a way to challenge unlawful government actions, resolve long delays, and protect the rights of employers and employees. At aiLegal, we represent companies, executives, and skilled professionals in federal court—ensuring fairness and accountability in employment-based immigration.
What You Will Get with Us
Case Review & Litigation Strategy
We analyze your immigration petitions, denials, and timelines to determine the best approach for federal court.Writ of Mandamus for Delays
We sue USCIS, the Department of State, or other agencies to compel decisions on long-pending cases (H-1B, L-1, PERM, I-140, I-485, etc.).APA Challenges to Unlawful Denials
We challenge arbitrary or unlawful visa denials—such as H-1B “specialty occupation” rejections or L-1 “specialized knowledge” disputes—under the Administrative Procedure Act.Consular Processing Delays & Denials
We litigate unreasonable consular delays and wrongful visa denials impacting executives, investors, and key employees.Employment-Based Green Card Litigation
We represent professionals whose EB-1, EB-2, EB-3, or PERM cases have been unfairly denied or delayed.Corporate Compliance Disputes
We defend companies facing government challenges to labor certifications, employer obligations, or compliance audits.Ongoing Employer & Employee Support
We guide HR teams, corporate counsel, and employees throughout the litigation process with clear updates and strategic advice.
(Federal litigation uses court pleadings rather than standard USCIS forms. Common filings include:)
Complaint (to initiate lawsuit in U.S. District Court)
Petition for Writ of Mandamus
Motion for Summary Judgment
Administrative Procedure Act (APA) claims
Notice of Appeal (to U.S. Court of Appeals, if needed)
Frequently Asked Questions
When should a company consider federal litigation?
If USCIS or the State Department delays or denies critical business visas (H-1B, L-1, O-1, E-2, EB categories), litigation may be necessary to protect business operations.
Does suing USCIS or the government hurt future petitions?
No. Federal courts exist to ensure fairness. Many cases resolve quickly after filing, with no negative impact on future petitions.
Can litigation help with consular delays?
Yes. Mandamus lawsuits often push consulates to act on long-stalled employment-based visas.
What types of denials can be challenged?
Arbitrary denials of H-1Bs, L-1s, O-1s, PERM, or immigrant petitions can often be challenged in federal court.
How long does corporate immigration litigation take?
Some mandamus cases resolve in a few months. Complex APA challenges or appeals may take a year or more.
Do companies need to be large to use litigation?
No. Startups, mid-size firms, and multinational corporations alike can benefit from federal litigation when immigration delays or denials threaten operations.
