- Most decisions of immigration judges or the Department of Homeland Security (DHS) can be appealed to the Board of Immigration Appeals (BIA).
- The foreign national may then request a judicial review of that decision by filing a Petition for Review with the Federal Circuit Court of Appeals.
- The foreign national and their legal representatives are the only legal entities who can appeal these decisions to the Federal courts. Representatives of the US government itself cannot petition for review by a higher court in the case of a judgment that does not rule in their favor.
- If a foreign national has filed a Motion to Reopen or Reconsider and the motion is denied by BIA, this decision may also be reviewed.
- In filing a Petition for Review, the foreign national must argue that BIA has made some error in its judgment and violated the law.
Our Services
If you are considering filing an H1B visa petition for the international staffing of your own business, contact us for a free consultation to discuss your needs and how we can assist you in the process. Our attorneys are experienced in dealing with unique business situations, and have represented many clients in successfully obtaining employment visas for hiring foreign national.
We can advise you with recommendations for your global hiring plans based on the latest immigration regulations, and will take into account any special factors that may apply to your industry or involvement with international trade. With three offices in California and Oregon in the western United States, we are happy to meet with you in person or discuss your employment immigration needs by phone.
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