First of all let’s get to the exciting news:
The Ninth Circuit Court of Appeals has upheld the fact that you can renew for DACA which is great news! This was upholding the lower district court judge’s decision on grounds that Trump’s ending of DACA was based off of racial animus. The Ninth Circuit, which is the higher court, has upheld that so a bottom line for now, DACA is you can now continue to renew your applications.
Now I want to move on to another exciting topic which is:
We are doing appeals now for the erroneous decisions that the USCIS is making. Basically they’re denying cases that should be approved that were approved in the past: now they’re denying cases. So for instance I had a recent consultation with a client who had their case denied – it was the h-1b petition. Their case was denied because USCIS was claiming that it was not a specialty occupation. The degree was an engineering degree and the position was a specialty occupation. USCIS were questioning the degree, an engineering degree, which requires specialized knowledge, and we’re going to appeal that decision because to me these are erroneous decisions.
Let’s talk about timing – how much time do you have to appeal? You normally have 30 to 33 days depending upon whether the decision was mailed to you or not. So you have to move very quickly. I would recommend that you contact an immigration attorney as soon as possible, because these appeals take time. We prepare a legal brief. It is recommended that you have a legal brief. Basically what we do is we look at that decision: in this case it was a 12-page decision, so we look at that decision, we go through and “rip apart” the arguments that are basically not true and we explain why those arguments are not valid. They are not based on proper legal analysis and a lot of times they are template/boilerplate. We go piece by piece, break down each of the erroneous assumptions that are made, and we explain the flaws in the legal brief – you don’t have to take no for an answer.
Filing an I-290B, Notice of Appeal or Motion
In many respects depending upon your type of case, filing an I-290B Notice of Appeal or Motion to overcome the denial may be an option, especially now. We are seeing decisions that should not be denied. For instance an engineering degree has been proven prior to the Trump administration through cases that we’ve previously filed to qualify as a degree that requires specialized knowledge and now they’re all of a sudden flip-flopping making this erroneous decision so I invite you to contact us at (916) 613-3553.
If you faced a similar situation which doesn’t have to just be with the H-1B (it can be with many other types of cases), sometimes appealing isn’t the best option so we want to look at whether or not you should appeal. You need to have a good reason for an appeal. Sometimes reapplying is the best decision as well. That’s why we have the checks and balances in our legal system: that’s why our founding fathers created the checks and balances of the executive judicial and legislative branch, so the executive branch cannot act as a dictator and in this situation, for instance, where the executive branch is abusing their power, we’re able to appeal the decision using the judicial branch to put a check and balance back in to our system.
So I want to thank you for tuning in live. Again ask your questions below. Today we talked about DACA and Appeals and filing an I-290B, Notice of Appeal.
Stay tuned for next week we will be here Brian who’s normally here he is on vacation so he will be back here with me next week. I just want to thank you for tuning – thanks and have an awesome day!