Individuals of extraordinary abilities applying for EB-1 green card are often faced with requests for evidence adding to the cost of the representation and what seems to be arbitrary and capricious decisions. They are often not aware that they may be able to recover attorney’s fees and cost under the Equal Access to Justice Act (EAJA) if they challenge the USCIS decision under the Administrative Procedures Act (APA). They need to prevail against the USCIS in challenging its decision, which was not “substantially justified” and no “special circumstances make an award unjust”.
For example, after Ludovic Pierre Berardo, an extraordinary stop-motion animator, challenged USCIS’s denial, USCIS approved his petition and he recovered $44,672.50 in attorney’s fee and $400 in costs.
Please note that this article does not constitute legal advice. We simplified the law to provide general information about one aspect of EB-1 process. If you would like to discuss if you qualify for EB-1 green card based on your extraordinary ability in the sciences, arts, education, business, or athletics, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 today or call our office at 480-425-2009!