Immigration Law

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 copies of all of the documents sought by AILA. To view these documents, click on links below." - AIC/LAC, May 21, 2012.

  • Documents released by DHS and USCIS on May 18, 2012:
  1. October 31, 2008 Neufeld Memorandum, “H-1B Anti-Fraud Initiatives – Internal Guidance and Procedures in Response to Findings Revealed in H-11B Benefit Fraud and Compliance Assessment”
  2. H-1B Petition Fraud Referral Sheet
  3. Compliance Review Report