If your employment-based visa application is denied, there are several legal options that may be available to you:
- File an appeal: If your visa application was denied, you have the right to file an administrative appeal. This can be done by filing a Form I-290B with the U.S. Citizenship and Immigration Services (USCIS) within 30 days of receiving the denial notice. The appeal process allows for a review of the original decision made by USCIS, and provides you with the opportunity to present new evidence or argue that the decision was made in error.
- File a motion to reopen or reconsider: Alternatively, you can file a motion to reopen or reconsider your case. A motion to reopen is typically filed when there is new evidence that was not available at the time of the original decision. A motion to reconsider is filed when you believe that the decision was made in error, and you want to give USCIS the opportunity to review its decision. These motions must be filed within 30 days of receiving the denial notice.
- File a complaint with the Administrative Appeals Office (AAO): If your appeal is also denied, you can file a complaint with the AAO. The AAO will review the case and provide a final decision, which cannot be appealed further.
- File a lawsuit: If all administrative remedies have been exhausted, you may be able to file a lawsuit in federal court. This option is generally only available if you can establish that USCIS acted unlawfully or violated your constitutional rights during the visa application process.
It is important to note that the success of any of these options will depend on the specific circumstances of your case. Additionally, there may be limitations or exceptions to these options, depending on the type of visa application and the jurisdiction. It is highly recommended that you consult with an experienced immigration attorney to discuss your legal options and determine the best course of action.
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