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Many obstacles prevent employers from petitioning successfully for workers, in both nonimmigrant and immigrant classifications: overly restrictive interpretations of legal requirements, shifting adjudication standards, the proliferation of requests for evidence, and an overriding lack of transparency in agency decision-making. To date, few lawyers have opted to litigate these issues, due to time constraints, lack of litigation experience, fear of creating unfavorable precedent, and client resistance, among other factors.

The Council seeks to challenge the “culture of no” that has become the norm in agency decision making by: co-counseling individual cases that will be selected as part of a broader legal strategy to challenge the government’s misapplication of the law in the business contex; providing technical assistance to lawyers interested in litigating business immigration issues in federal court; exploring and, where appropriate, undertaking affirmative litigation; filing amicus briefs in strategically selected business immigration cases pending in federal courts and administrative agencies; and filing FOIA requests and, where necessary, litigating to obtain documents regarding agency policies and practices.