Q: Can I sue my employer's immigration lawyer for my PERM denial due to the mistake made by the law firm?
I worked for an organization for around 6 years on H1-B visa and my employer filed my PERM during the 5th year of my H1-B. My PERM got denied due to a mistake made by the law firm and I got terminated from the job due to visa max out. I changed my status to a different visa that doesn't allow me to work in the US so I have been jobless for the last 8 months and going through a severe financial hardship. I would like to know if I can sue the law firm for damages in this scenario? Thanks in advance.
A: You bring out an interesting question, as you are not the client, but you are the third party beneficiary of the attorney-client relationship. I am aware of a case (in Nevada) that was lost on this issue, but it would need to be researched further and, in particular, your state's laws.
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