Lawsuit Against Department of Labor, CIS and others
Our client's original approved labor certification was lost in the mail. We tried numerous times to get a duplicate copy of the approved labor certification from the Department of Labor (USDOL) but couldn't get it from the USDOL. USCIS attempted to obtain a copy and informed us that they were making...
Our client's original approved labor certification was lost in the mail. We tried numerous times to get a duplicate copy of the approved labor certification from the Department of Labor (USDOL) but couldn't get it from the USDOL. USCIS attempted to obtain a copy and informed us that they were making the attempt. We saw no results. So, we filed a lawsuit against the USDOL, USCIS and others (Defendants) alleging, among other matters, that under the law, USDOL should issue a duplicate labor certification within a reasonable time. In our complaint, we sought redress under the Administrative Procedure and Mandamus laws for defendants' failure to issue a duplicate labor certification.
Status
The Defendants settled the case before submitting an answer to the complaint. Accordingly, USDOL issued a duplicate labor certification in favor of the Plaintiff and Plaintiff's Immigrant Petition (Form I-140) was approved within a few weeks.