Sometimes, especially over the last 12-24 months, USCIS finds that an applicant or a beneficiary is not entitled to a specific immigration benefit and denies an application or petition, giving a limited time window in which the denial can be petitioned to be reopened or appealed. Government and third-party statistics and analysis have shown spike in denial rates for most types of applications. For example, the denial rate for first-time H-1B petitions have gone from 6% in 2015 to around 32% in 2019.
Our office can review USCIS case denials and prepare an analysis of MTR/appeal options and draft a strategic plan. Often, a USCIS denial is so incorrect based on the facts of the case or the applicable law, that it should be appealed immediately. Similarly, sometimes USCIS makes clerical errors which require a motion to reopen/reconsider to be filed. Finally, there are case denials which, for strategic purposes such as ability to renew H-1B past 6th year expiration, are necessary.
TIME-SENSITIVE: An MTR/appeal must be filed very soon after USCIS issues a denial – often within 30 or 33 days after the denial decision. The MTR filing requires Form I-290B together with fee and should be ideally accompanied by a legal brief which often takes 1-2 weeks to draft.