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EAJA Fees Awarded in H-1B Litigation: Raj & Co. v. USCIS

April 15, 2015 (1 min read)

"Substantial evidence ... did not support USCIS’s underlying decision or its litigation position.  As USCIS has been unable to overcome the “strong indication” of unreasonableness that flows from this lack of substantial evidence, see Thangaraja, 428 F.3d at 874, it has failed to meet its burden to overcome the otherwise mandatory shifting of fees. ... The Court awards Plaintiff $7948.30 in fees and $411.30 in costs.  Defendant shall pay the total amount of $8359.60 to Plaintiff’s counsel within sixty (60) days of the entry of this Order." - Raj & Co. v. USCIS, Apr. 10, 2015.

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