VIRAY Enterprises Inc. has sued U.S. Citizenship and Immigration Services and the Department of Homeland Security over the denial of a CW-1 petition on behalf of a Viray Enterprises employee.
In the complaint filed in federal court for declaratory and injunctive relief under the Administrative Procedure Act, the plaintiff named as defendants in their official capacity DHS Secretary Alejandro Mayorkas, U.S. Attorney General Merrick Garland, USCIS Director Ur Mendoza Jaddon, USCIS California Service Center Director Donna Campagnolo, and USCIS California Service Center acting Director Kristine R. Crandall.
Represented by attorney Stephen Woodruff, Viray Enterprises requested the court to review the decision of USCIS, and to have the CW-1 petition adjudicated.
The lawsuit is also asking the District Court for the NMI to issue an order setting aside the USCIS denial, and to direct the defendants to grant the CW-1 petition and extend the authorized stay of the employee.
The lawsuit also asked for an award of attorney’s fees and costs.
According to the lawsuit, Viray Enterprises filed its timely renewal petition on behalf of the worker on July 26, 2021.
USCIS issued a request for evidence or RFE on Sept. 2, 2021.
The plaintiff then submitted a timely response to the RFE on Nov. 1, 2021.
On Jan. 27, 2022, USCIS California Service Center denied the CW-1 petition.
On the same date, USCIS denied the worker’s extension of authorized stay.
The lawsuit stated that the basis for denial was that Viray Enterprises is not a “legitimate business” on grounds that it failed the requirement of being an E-Verify participant in good standing.
The plaintiff in its response to the RFE included a copy of its E-Verify registration confirmation.
But according to USCIS, “Although you provided an active E-Verify Company Identification Number in response to our request, this evidence was not valid at the time the current petition was filed.”
“On this hyper technical ground, without analysis or weighing of equities, USCIS arbitrarily refused to accept plaintiff as a ‘legitimate business’ — despite a sterling record of a decade of employing CW-1 workers — and on that strained basis denied the petition and [the employee’s] continued authorization to work as a CW-1 employee,” the lawsuit stated.
On March 3, 2022, the plaintiff filed a timely motion to reopen and reconsider the denial with a form I-290B.
On Nov. 3, 2022, USCIS California Service Center denied the motion.
“The denial was based on an insistence, without any meaningful analysis, discussion or consideration, that the motion did not meet the requirements for a motion for reconsideration,” the lawsuit stated.
Woodruff noted that his client, in its motion to reopen and reconsider, proceeded pro se or without counsel.
According to his client, “If there is a penalty [for its errors], financial or otherwise, it should be against the company and not against the beneficiary [worker].”
