How to Win an H-1B Case After Denial

It is well-known that the government has put the H-1B visa program under attack. The USCIS has been denying thousands of cases over frivolous issues which are not even part of the law, but rather pursuant to their warped interpretation of the law or regulations.

The way to try to win a case that has been denied is to take it to federal court by filing a lawsuit against USCIS and the Department of Homeland Security. Before doing so, however, you must make sure you have made a full and complete record. So, if there is any possible merit to any basis for the denial, I first recommend that the individual or company do a Motion to Reopen/Reconsider, and submit additional evidence to rebut every basis for the denial.

When you take case to court, you must have a full and complete record from before the USCIS. A federal judge is not normally going to consider any new evidence. So, once the rebuttal evidence is submitted to USCIS through a Motion, and the case is denied again, it is time for court (assuming there are now no valid grounds for denial; if they have new grounds, then do another motion).

A lawsuit in federal court will challenge the decision, typically, under the Administrative Procedure Act (APA) because the decision is arbitrary, caprices, or not in accordance with the law.  This Houston immigration lawyer and Miami invigoration lawyer has filed many immigration lawsuits under the APA.

Often, the government simply responds by saying they will not fight the case, and will approve the H-1B. Other times, if they choose to fight, then ultimately a federal judge will decide if they were right to deny the case. The good thing is that most federal judges are not biased and do not have a vendetta like USCIS to attack the H-1B program. So, a fair adjudication is typically expected. Moreover, if a person wins the case, they may be able to recover attorney’s fees for bringing the case, pursuant to the Equal Access to Justice Act.

Many individuals who lose an H-1B case simply give up and leave the country. Or, they appeal, lose and then leave the country. However, a lawsuit is the next step, and the filing of lawsuit provides a real opportunity for justice and a fair consideration of the H-1B case.

For further information, this Houston immigration lawyer and Miami immigration lawyer may be reached at bruce.coane@gmail.com or at 305.538.6800 or 713.850.0066

Aon Risk Services Under Federal Investigation: #MeToo Allegations

Aon Risk Services Southwest, a division of Aon plc,  a leading global professional services firm providing a broad range of risk, retirement and health solutions, is currently under federal investigation by the Equal Employment Opportunity Commission (EEOC) and is facing a formal complaint filed by the  National Labor Relations Board (NLRB).

The allegations before the NLRB are for allegedly  engaging in unfair labor practices, namely for firing  our client in retaliation for engaging in protected concerted activities with other employees for the purposes of mutual aid and protection, by discussing sexual harassment, work environment harassment and sex discrimination in the office with other employees and by complaining about that conduct to Aon. She alleges in her EEOC charge that she was fired as a result of her sex harassment, hostile work environment and sex discrimination complaints to Human Resources at Aon.

Our client, a former employee of Aon’s Houston office, has retained our Houston employment law firm to represent her in these proceedings. After being sexually harassed by a representative of a multi-million-dollar client of Aon,  our client filed a formal complaint with Aon’s HR department. She alleged that the company representative  said that he would not give her their business unless she had sex with him.

Aon proceeded to conduct a formal investigation. During the investigation, our client also raised concerns and complained about the “frat house” culture at Aon’s Houston office.  In particular, our client alleges that in her repeated conversations with Managing Director, Tracey Erwin  and Managing Director  Eli Sakellakis she informed her direct management  about the hostile work environment at Aon, and no actions were ever taken by management to correct the violations.

Our client states that during the investigation, she discussed with Aon’s HR department numerous occasions where co-worker Jimmy Winters behaved inappropriately with both male and female co-workers, but this behavior was dismissed according to our client. The Houston office for Aon Global Energy (Aon plc) where our client worked, is under the direction of CEO, Bruce Jefferis.

While it is alleged that Aon’s own HR department eventually concluded that our client  was indeed sexually harassed by an Aon client, the investigation aimed at their own work environment concluded much differently.  In fact, before any conclusions were formally made, Aon allegedly retaliated against our client by isolating her, attempting to negatively characterize her work product, and quickly and abruptly firing her, for an alleged breach of Aon’s Code of Business Conduct, according to her EEOC charge.

Considering the recent #MeToo and #TimesUp movement and its uncovering of sexual discrimination and inequality against women in all aspects of business, it is no surprise that a global corporation like Aon has found itself on the receiving end of a formal NLRB complaint and EEOC charge. A formal hearing at the NLRB is scheduled before a judge on March 25, and the EEOC is currently investigating the EEOC charge.

For further information, Bruce Coane, a Houston Employment Lawyer and Miami Employment Lawyer, may be contacted at 713.850.0066 or at bruce.coane@gmail.com

Illinois Worker Goes “Postal”: 5 Killed

Last week, an Illinois factory worker showed up to work with a gun, when he thought he was going to be terminated.

According to news reports, the worker, Gary Martin, brought the gun into a meeting where he suspected he was going to be terminated. As is typical of such terminations, the Human resources manager was present, together with the plant manager, a supervisor and an HR intern. Many of my clients have been terminated in similar meetings.

Mr. Martin was a 15-year employee of the company, Henry Pratt Co., in Aurora, Illinois.  I have had many clients who have been long-term employees, and who were fired. The termination happens in meetings just like the one in Aurora. Clients of this Houston employment lawyer and Miami employment lawyer have had jobs at a company for 20, 30 and 40 years when they are suddenly terminated for “performance” issues, or often, when they get a new supervisor.

I have often wondered how HR or upper-management lets this happen, that is, the termination of a long-term employee who has done a great job, but may have had some incident at work or a new supervisor or some other relatively minor issue compared to their storied career. With all the HR seminars that go on across the country, you’d figure they might discuss the possibility of  having an ombudsman to advocate for these long term workers. After all, the knowledge that has been accumulated and the long term stellar record of work, are compelling reasons to want to keep such employees.

Of course, shooting and killing the HR manager and plant manager can never be justified. Unfortunately, this has happened many times before, especially within the U.S. Postal Service, thus, the phrase, “going postal.”  I wonder if HR professionals will start to have armed security present in their termination meetings. I’ve certainly had cases where my clients have been escorted off the premises by armed security at their company (always very embarrassing to the employee).

Surely, HR professionals will be reevaluating the termination process in light of last week’s incident, and perhaps coming up with ways to save the jobs of experienced, long-term employees, rather than firing them in that dreaded termination meeting. Or, perhaps, they will be discussing safer ways to do such terminations where they are not forced to risk their lives.

Bruce Coane is a Houston employment lawyer and Miami employment lawyer representing workers, nationwide, in cases of wrongful termination. He may be reached at 713.850.0066 or 305.538.6800, and via email at bruce.coane@gmail.com.