We hinted at it throughout the weekend and indeed filed a lawsuit today suing USCIS and the State Department to force the agencies to revert back to the original version of the Visa Bulletin published on September 9th. We have filed the case in the Western District of Washington. Seattle is one of America’s major technology capitals and is a great illustration of a city where so many of its residents are facing the consequences of USCIS’ defenseless actions. You can view the complaint by following this link.

Greg Siskind

Greg Siskind

Greg Siskind is a partner with Siskind Susser, PC - Immigration Lawyers. After graduating from Vanderbilt University, he received his law degree at the University of Chicago. He created the first immigration law web site in 1994 and the first law blog in 1997. He's written four books and currently serves on the board of governors of the American Immigration Lawyers Association. He can be reached by email at gsiskind@visalaw.com.
Greg Siskind
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69 Responses to The Lawsuit

  1. BS says:

    Thank you Greg! Very well written…I appreciate your efforts.

  2. Logu says:

    Thanks a ton Greg. Hoping for the best. Kindly check the lawsuit doc page #20 for typo. President executive action date has been mentioned incorrectly. Not sure if that needs to be fixed.

  3. Ryan says:

    Not all superheroes wear capes, Greg. And, you are one!

  4. Don Riding says:

    I started my INS career in 1972 as an immigration inspector in El Paso, Texas. Contrary to public perceptions, I was taught to be polite to all applicants and treat them with respect. Later, as an INS and USCIS manager I was taught that the government was responsible for correcting errors whenever legally permissible. I often extended work permits for years to make up for mistakes made by the agency, or agency employees. Of course, the rule of thumb was that the alien had to actually apply for a benefit before any corrective action could be taken.

    I did not agree with making the priority date retroactive in the manner that appeared in the VISA Bulletin, however, once this was done, the only logical reason to move the priority date back would be having too many applicants. In such a case, those who were late to file would be out of luck. I think you have a legitimate complaint.

    Good luck!!

  5. Sanjay Chemarla says:

    Well crafted. Now I see bright light at the end of the tunnel in the form of Greg. Thank you for speaking our pain loud and fighting for us. God bless you. Let’s hope for the best.

  6. H says:

    Greg and team.
    You guys were awesome; You guys rolled up the sleeve and got to work immediately and proved that you are real tigers!

    Good luck to y’all and God bless America !

  7. foobar says:

    Pro Bono Too – Thanks Greg for your tireless efforts!
    However one question: Is there any relevant Case law in this regard? Has there been any legal rulings specifically related to the ability (or otherwise) of DOS/USCIS/INS to revise a Visa Bulletin?

    (in other words – Would the Judge be inclined to set legal precedent ? )

  8. Anil says:

    Dear Sir: I have been following your blog and website, and really appreciate your lawsuit. I also have a general question regarding NIWs. While, many individuals in the regular EB-2 category are eagerly waiting for their EAD priority dates to be made current, I have an EB-2 NIW. President Obama had promised some sort of a special status or a quicker EAD for NIWs in his executive actions, but I don’t see any such talk. Can you please let me know if there is going to be a faster track for the NIW EB-2s for an EAD ?

  9. Nitin V says:

    Thank you very much Greg! You are our hero!

  10. ckumarn says:

    Thanks for understanding and jumping into the issue.
    I truly appreciate your effort.

  11. Sanjay says:

    Thanks Greg and team for fighting for us. No matter what the result is, I really appreciate your commitment for helping legal immigrants. Good luck for everything you do.

  12. Anonymous says:

    Thank you very much sir. Your effort is much appreciated.

  13. Murali Vusthipalli says:

    You are the only hope for all of us(immigrants), Greg. Thank you so much for filing the lawsuit in such a short period!

  14. San says:

    Thank you so much Greg and your colleagues for spending your time round the clock to file this lawsuit…

  15. Siva@us says:

    Thank you Greg for the effort and very well written

  16. Rishi J says:

    Thanks a lot Greg!

  17. m says:

    Thanks Greg god bless you and America!!

  18. Sriram R says:

    Thanks greg for representing the injustice done to tax paying law abiding skilled workers trying to get naturalized to this country for a better future for the future generations to come!

  19. Mallesh Nagothi says:

    Truly appreciate your and your team to take up this case. As we all know the pain of high skilled immigrants is endless. Once again Thank you very much for your and your team to represent minority group!

  20. RC says:

    Greg, Thank you and your team for your effort and support towards this issue.

    How long will this process take and when will we hear the verdict of this lawsuit. Thanks.

  21. Vijay says:

    Excellent work Greg!! I feel proud now considering the fact that at least we are able to post strong message through you.I hope they understand our pain. thx.

  22. MP says:

    Thank you Greg and the team for a very well crafted suit just in couple of days and ahead of the critical date. Thanks again for standing up for the bigger cause. Govt. can’t make discretionary decisions that impact 1000s without having to explain it to public.

    We are behind you and the team. Thanks again.

  23. Shashi says:

    Thanks very much Greg

  24. Nanda says:

    Thank you very much Greg and team for your efforts. You made us feel proud that you are standing for us in these hard times and willing to do good for the EB community… Tons of thanks…

  25. srerama says:

    What are the next step after a Law Suit is filed? Curious to know the process.

  26. raj says:

    I was just mentioning the same to my own immigration lawyer through email. I am glad someone is putting their ideas to action. How do I get update on this lawsuit?

  27. raj says:

    I am trying to understand Don Riding’s comments. So does this lawsuit benefit everyone with the specific priority dates of 2009 – 2011 or only those who were not able to submit within the 3 week timeframe? Thanks

  28. Great effort Greg! Thank you very much and very well written!

  29. Dipak says:

    Bunch of and tons of thanks Greg for doing this. Really appreciate your great help and assistance. That’s OK whatever happen but we admire your efforts. God Bless You!!!

  30. Anonymous says:

    Thank you Greg, If there is anything I can do to help I will be happy to do that. This decision by USCIS has severely affected my family as we were planning to go to India and we cancelled. Now do not know what to do.

  31. Manasa says:

    Thanks Greg it means a lot for immigrants like us.

  32. ckumarn says:

    Any response from DOS/USCIS yet?.

  33. kd says:

    Thanks a lot for helping in this critical situation. You are the best of best

  34. chachaf20a says:

    Appreciate your efforts, Greg. This lawsuit will, at the very least, force the USCIS to offer us plaintiffs a rationale for this retrogression, if there is one. They need to stop treating human beings like cattle (no offense to cattle, BTW!).

    Hoping for the best!

  35. Anonymous says:

    Greg – thanks a lot for your help and efforts in attempting to get this injustice rectified.

  36. Dan Fol says:

    Thank You! for leading the immigrant community during this tough time.

  37. Rajesh says:

    Thank you Sir. I am not sure if any words will enough to express my gratitude. Thank you agian

  38. Santosh Reddy says:

    Great job Greg,I hope atleast 1% of “DESI” attorneys join your fight and support the effected immigrant community since all the money they make is out of us “DESIS”.Shame on them.

  39. sumit says:

    Issue is not that they reversed the bulletin…USCIS needs to become competent.
    If i did the same kind of screw-up with my customers, without a explanation to back it up, i would be fired.
    USCIS runs on our money , screw-up without explanation is not allowed.

  40. S Kumar says:

    Thanks Greg for taking a step ahead and filing this Lawsuit.

  41. C says:

    I applaud your efforts in suing USCIS and DOL, I wonder why EB3-India hasn’t moved? I wish it was moved to 2011 as well. I don’t expect any movement for EB2 and EB3 categories for rest of this year.

  42. KA says:

    Thank you so much Greg, As per new structure of VB we don’t need to have any quota issues or volume issues, since they are not really processing them, they would just be doing basic verification. USCIS/DOS need to think about everyone before they play with the dates.

  43. Pradeep says:

    Thanks for the “one man” standing up for the thousands. Thanks again Greg.

  44. vsr says:

    was there any update on the suit was it considered by the judge. Thanks.

  45. vsr says:

    also .. not to mention … Highly appreciative of your efforts and passion towards the community. Thank you.

  46. Jayesh says:

    “I’m here to fight for truth, and justice, and the American way.”- That’s you “The Super hero” Greg!! Truly appreciate very well articulated complaint.

  47. Immi says:

    Good Job Greg – In fact Great Job , Most of us dont have guts to do anything regarding these issues – Happy to see some one doing something .

  48. Anonymous says:

    I want to special thanks to Greg for his efforts to convey our troubles because of this change.I have spent almost $5,200(excluding USICS fees.).not sure on what will happen.May God bless you Greg.

  49. James says:

    Thank you for the work. Every legal immigrants appreciates your work.

  50. Vijay says:

    Hi Greg… Thank you so much for your help. By raising to fight for the thousands of hapless people, you have proved that you are a great human being. Definitely, God will bestow you all the happiness in your life.

  51. Vin says:

    Thank you so much for your efforts

  52. Sam says:

    Thanks Greg

  53. janaki says:

    Hi Greg… Thank you so much for helping us. There are so many people who can be benefited by reverting the Visa bulletin. And we are so thankful for your effort and time to fight for us.

  54. Krish B says:

    Thank You Greg- we need to fight this

  55. Anonymous says:

    Thanks Greg and good luck!!!!

  56. Sandeep Jain says:

    Great effort, If I can I am happy to help in any way possible.
    Thank you,

  57. Anonymous says:

    good luck

  58. Hope says:

    Thank you for standing on behalf of hard working educated professionals who are still trying to seek freedom in democracy.

  59. KH Johnson says:

    I don’t see how you are going to be successful in your lawsuit. People could not file until 10/1/15 anyway. USCIS made that change before the people were eligible to file. How were people harmed beyond getting their hopes up? It looks like your lawsuit is just a desperate attempt and gets the false hopes up again. Sorry.

  60. Vikram says:

    Thanks Greg and Team really great effort and tons of thanks for helping us on this.

  61. Anonymous says:

    Thank you Greg and team for doing such incredible job to give justice. Highly appreciate your continued effort and a winning passion. Hoping positive out of it.

  62. aruna says:

    Dear Greg… Thank you so much for helping us. There are so many people like me who can be benefited by reverting the Visa bulletin. And we are so thankful for your effort and time to fight for us.
    God bless you!!!!!!!!!!!!!!!

  63. Greg, Thank you and your team for your effort and support towards this issue. Visit: http://is.gd/Zq6xPQ

  64. Sam says:

    Hi Greg, do we know if there has been any movement on this case? Not sure what the next steps are and I cant seem to find it on your website.

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