The Case of Waskar Ari
Dr. Waskar Ari, a Bolivian historian whom the University of Nebraska - Lincoln (UNL) sought to hire as an Assistant Professor of History and Ethnic Studies was admitted in H-1B status in August 2007, ending a more than two year saga involving “security checks.”
Dr. Ari's saga began in 2005 when an H-1B visa petition was filed by the UNL on his behalf with DHS. Although the petition was filed under the premium processing procedure that guarantees a decision within 15 business days, DHS failed to act and the petition remained pending for unspecified "security checks" - seemingly delayed indefinitely - for almost two years. In March 2007, the UNL, represented pro bono by Maggio & Kattar, filed a complaint for writ of mandamus seeking to compel the DHS to act. The suit alleged that background checks being conducted by the DHS were not authorized by law, that DHS lacked authority to withhold or delay action on UNL's petition, and that even if DHS did have such authority, two years was more than sufficient time to conclude background checks on a Bolivian academic who merely seeks to teach in the United States. In May 2007, DHS finally approved the H-1B petition but provided no explanation for the extraordinary delay or the sudden change of heart. In July, two months after he applied for his visa, Dr. Ari received his work visa from the U.S. Consulate in La Paz, Bolivia. He took up his post at UNL in August of 2007.