Why we filed a FOIA lawsuit on the firm’s own behalf
There is a form of FOIA litigation most firms never consider: suing a federal agency not for a client, but for the firm itself — to find out whether the agency is treating the firm’s own filings differently from everyone else’s.
That is exactly what we did. This is the story of why.
The background
About two years ago, we began litigating against USCIS over visas for combat-sports athletes. Across three cases, the matter grew contentious. We saw a noticeably more aggressive posture toward our firm’s petitions, and a wave of visa actions that did not match how comparable petitions were handled elsewhere.
What stood out was a pattern: petitions submitted under our firm’s name appeared to draw different treatment than the same quality of work we prepared for other attorneys. When the same filings fare differently depending on whose name is on them, that is not a quality problem. That is a fairness problem — and it is the kind of thing FOIA exists to surface.
The strategy
The idea came from the AILA listserv. An attorney suggested suing USCIS on behalf of the law firm itself. We investigated, and found it was not only possible but had precedent: an attorney who had successfully sued USCIS in his firm’s name for years — even recovering attorney’s fees — until the rules in his district were changed. The core strategy remains a viable tool for forcing fair treatment.
The principle: USCIS adjudicators are human. They can see the names of the petitioner, the beneficiary, and the attorney of record. Every case deserves to be decided on its merits, not on who filed it. FOIA is one of the few tools that can test whether that is actually happening.
What we set out to do
We filed to obtain transparency — to verify whether USCIS was treating our firm’s matters differently, and if so, to hold the agency accountable and protect our clients’ right to a fair adjudication. A result that helps our firm also sets a marker for other immigration attorneys facing the same quiet, hard-to-prove disparity.
How to pursue FOIA litigation against an agency
If you believe a government agency is treating your matters unfairly, the path looks like this:
Identify the pattern. Determine whether there is a real, repeating disparity in how your cases are handled.
Consult experienced counsel. FOIA litigation has its own procedural rhythm; get advice from attorneys who have actually litigated it.
File the request. Submit a FOIA request for the records bearing on how your matters were handled.
Prepare to litigate. If the request is denied or the response is inadequate, be ready to sue.
Gather the evidence. Assemble the record of disparate treatment to support the case.
Litigate. Pursue the action to compel the records — and, where you substantially prevail, to recover fees.
Why it matters beyond one firm
FOIA litigation is a powerful tool for any attorney dealing with a regulatory agency. It forces the government to act transparently, and it can reveal bias, systemic issues, and whether cases are truly being decided on their merits. Using it on our own behalf is simply the most direct way to prove the point.
Read more about how we handle these matters on our FOIA & Government Transparency Litigation page, or request a consultation.
This article is attorney advertising and general information, not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future outcomes. Matters described are subject to the procedural rules of the relevant district, which vary and change over time.
