Denials for the Extraordinary and Exceptional: To Sue or Not to Sue?

Denials for the Extraordinary and Exceptional: To Sue or Not to Sue?

Denials for the Extraordinary and Exceptional: To Sue or Not to Sue? (Seminar Recording)
Live Event Date: 12/09/2022
Format Length CLE Eligible
Web Seminar 90 min. No

Have you received a denial for an O-1, EB-1A, EB-1B, or National Interest Waiver (NIW) petition? Are you interested in challenging the denial in federal court? What works and what doesn’t? Our panel of experts will address the current adjudication trends, the Biden Administration’s recent STEM initiatives, attorney best practices, and litigation strategy.

Featured Topics:

  • Requests for Evidence (RFEs) and how to avoid them
  • Administrative Appeals Office (AAO) motions and appeals: When are they worth pursuing?
  • The pros and cons of litigation vs. AAO
  • Litigation vs. refiling: What factors should attorneys consider?
  • When does maintenance of status dictate one option over the other?
  • NIW denials: jurisdictional bar on discretionary decisions and litigation strategy
  • Litigating EB-1A vs. filing NIW: Has the calculus changed for STEM cases?

AILA Membership Benefit – Access to Free Seminar Recordings
Enjoy access to free seminar recordings (from October 2020–present) as an AILA Member. AILA encourages live attendance for those wishing to ask the speaker questions. Recordings will be available approximately two weeks after the live event date. AILA members can access these seminars for free.

Maka Y. Hutson (DL), AILA Benefits Litigation Committee/USCIS Case Assistance Committee, Dallas, TX

Maka Y. Hutson leads the immigration practice at Akin Gump Strauss Hauer & Feld LLP. She practices business immigration, with a focus on visa fraud investigations, immigration litigation, immigration due diligence, intersection of immigration and export controls regulations, and immigration policy and advocacy. She is a member of AILA’s Benefits Litigation Committee and USCIS Case Assistance Committee. Ms. Hutson received her J.D. from the University of Texas School of Law (2011).

Amy Maldonado, AILA Board of Governors, East Lansing, MI

Amy Maldonado is the Managing Attorney at the Law Office of Amy Maldonado LLC. She is an Elected Director on the AILA Board. Ms. Maldonado earned her JD from The University of Pennsylvania Law School (1998).

Brian S. Green, AILA Benefits Litigation Committee, Littleton, CO

Brian S. Green is a solo practitioner in Denver, who focuses on bringing federal court challenges to immigration and visa denials and delays, nationwide. Brian has practiced complex litigation and trial work since 2001, and U.S. immigration law full-time since 2007. Brian is admitted to practice before thirty (30) U.S. district courts. He “cut his teeth” as a judicial law clerk, public defender, and then as outside trial counsel for GE and General Motors (with now Senior U.S. District Judge Nora Barry Fischer). Brian has been active with AILA at the national and chapter levels, frequently writing and speaking on federal litigation topics. He is also active with the Minoru Yasui American Inn of Court and the Faculty of Federal Advocates, both in Denver. Brian is a graduate of Washington & Jefferson College and Case Western Reserve University School of Law, where he studied trial tactics under the late Professor Emeritus Jim McElhaney.

The speaker's/author's views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided are based on the speaker's/author's experiences and the current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and experiences may differ from your own.