AILA (The American Immigration Lawyers Association) prevailed on FOIA litigation regarding H1B!

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.

 

Documents released by DHS and USCIS on May 18, 2012:

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”

H-1B_Petition_Fraud_Referral_Sheet

Compliance_Review_Report

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Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under the Department of Homeland Security (DHS). This department was formerly known as the Immigration and Nationality Services (INS).