Fogo de Chao Files New Immigration Lawsuit

The steakhouse restaurant chain Fogo de Chao filed an immigration lawsuit against the federal government for denying the visas for two of its Brazilian chefs. The immigration lawsuit claims that the Department of Homeland Security and the U.S. Citizenship and Immigration Services offices are illegally blocking the approval process for special work visas. The work visas would grant the chefs the right to work in the company’s U.S. restaurants. The current suit is the second such immigration lawsuit the restaurant chain has filed in the last three years.

Details of the Immigration Lawsuit

The restaurant’s immigration lawsuit claims that the government is illegally blocking the chefs from obtaining L-1B visas. These visas stipulate that the applicants have “specialized knowledge” that the company cannot obtain from workers already living in the U.S. The immigration lawsuit claims that the chefs, known as “gauchos” or “churrasqueiros,” have “culturally acquired knowledge” that makes up “an essential part of Fogo’s business model.” Immigration officials ignored the company’s claims and refused to authorize the chef’s work visas.

Immigration Lawsuit Seeks Court Order

The restaurant chain won an earlier immigration lawsuit filed last October. An appeals court judge ruled that the government must consider the chefs’ special skills when evaluating their visa applications. The company refiled the applications for two chefs, but one of the applications was denied. Attorneys with Fogo filed a new immigration lawsuit to get approval for the visa of chef Rones Gasparetto. The suit seeks to obtain a court order that would force the agencies to approve the visa application.

Fogo’s History of Immigration Lawsuits

The issues arising from the Gasparetto immigration lawsuit go back as far as 2010. Fogo officials had requested a visa for Mr. Gasparetto that year, but immigration officials turned them down. The company maintained that he was a “genuine gaucho” from the Rio Grande do Sul region of Brazil. The immigration lawsuit also argued that he “possesse(d)…culinary skills acquired (from) his family and community traditions” and that he graduated from the company’s two-year training program for its chefs.

Restaurant Loses 2013 Immigration Lawsuit

When the company attempted to transfer Mr. Gasparetto from one of its Brazilian steakhouses to a stateside location, immigration officials ruled that the company failed to prove he had the “specialized knowledge” needed to qualify for the L-1B visa. The company filed another immigration lawsuit in 2013 to bring in Mr. Gasparetto, but a federal judge dismissed the case. U.S. District Judge Reggie Walton ruled that immigration authorities acted within the law and that Fogo failed to prove that Mr. Gasparetto qualified for the special work visa.

Sources: Dallas Business Journal, Legal Times

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NOTE: This post is a news story and does not imply an endorsement of Arguello Law Firm by Fogo de Chao, its subsidiaries, parent companies, executives or any other concerned parties.