Friday, May 25th, 2018

AILA Prevails in H-1B FOIA Litigation

"The reliability and fairness of our immigration system can be
evaluated only if the government’s procedures and activities are
transparent. The LAC regularly uses the Freedom of Information Act
(FOIA) to increase transparency and promote accountability regarding DHS
enforcement practices.  On behalf of the American Immigration Lawyers Association (AILA), the
LAC, in cooperation with counsel at Steptoe & Johnson LLP, filed a
FOIA lawsuit in July 2010 against DHS and USCIS seeking the public
release of records concerning agency policies and procedures related to
fraud investigations in the H-1B program. There was significant public
interest in these records because USCIS’s H-1B practices have caused
confusion and concern among U.S. businesses that legitimately depend on
temporary foreign workers with specialized knowledge to operate
successfully.  On Friday, May 18, 2012, after protracted litigation, DHS and USCIS
released unredacted