Green and Spiegel, U.S. is proud to share a series of successful litigation outcomes achieved by our associate attorneys with our Midwest office – Elizabeth Myers and Zachary Maria—each securing victories in federal district court on behalf of clients facing undue processing delays and unjust visa denials. These successful outcomes would not have been possible without the guidance and mentorship of litigation partner Stephen Antwine, whose strategic insight and support have been essential in shaping winning arguments and helping our litigation team deliver results.
Associate Attorney Elizabeth Myers: Two Federal Court Victories
Mandamus Win on Behalf of a Canadian Spouse
In a marriage-based immigrant visa case, Elizabeth filed a mandamus lawsuit after the application had languished for over seven months in administrative processing, with no clear path forward. Her clients—a U.S. citizen and his Canadian wife—had spent years apart and were eager to start their life together in the U.S. As a licensed pharmacist in Canada, the wife's career was also on hold pending visa issuance. Just one month after filing the complaint, the visa was approved. The couple is now reunited and living in Ohio, where the wife practices as a clinical pharmacist.
Reversal of L-1B Denial for Multinational Manufacturer
Elizabeth also litigated a case involving a highly skilled worker whose L-1B visa was improperly denied despite two similar petitions for colleagues being approved. USCIS claimed the role did not meet the specialized knowledge standard. After filing suit, the agency reopened and approved the case, recognizing the worker's critical role in company operations and in training U.S.-based employees. His L-1B extension was later approved as well.
Associate Attorney Zach Maria: First Court Victory
Zachary Maria prevailed in his first federal court challenge of an improperly denied L-1B extension petition for a specialized engineer at a U.S.-based medical device company. Despite the employee's prior L-1B approval and a detailed RFE response from the employer, USCIS denied the extension. Zach filed suit in federal court, arguing the agency had failed to fully consider the evidence. Shortly after filing the lawsuit against USCIS, the agency reversed its position and approved the petition. The employee will soon resume work in the U.S.
Why Litigation Matters
These cases highlight how federal litigation can serve as an essential remedy when agencies overstep, or misapply the law. Even when used selectively, litigation can be a powerful tool to push USCIS, The Department of Labor, and the Department of State to reconsider unreasonable delays and improper decisions—allowing families to reunite, companies to retain talent, and clients to move forward with their lives and careers. Successes like these underscore the power of strategic litigation in holding agencies accountable and protecting clients' futures. For more information or to consult with our litigation team, please contact us.