The lawsuit idea
Thanks for specifically raising the lawsuit issue. Let me first say this:
I am not against anyone filing a lawsuit against dept of labor for the miserable job it has done for BEC/BPC setup and administration of those two centers.
At the most there are two things you can get out of lawsuit.
Now, when you talk about publicity it generates publicity within circles who are familiar with the problem anyways. To quote an example, tell me how many Americans in general and how many lawmakers and their staff are familiar with the lawsuit filed by Rajiv Khanna against the USCIS for the fantastic job they are doing with 485 applications? Probably none. The only people among whom the awareness was spread was people like us, the immigration lawyers, AILA, few people on the capitol hill(maybe) who work on immigration issues. So the publicity outcome is mediocre to none if you are trying to spread awareness. That said, TWO thumbs up to Rajiv Khanna for what he did against USCIS. I wish every lawyer in AILA was like him.
99.999 percent, you will lose the case since there is nothing wrong that Department of labor or BPC/BEC has done legally. In the best case scenario, the judge will "ORDER" department of labor to process this or that file in 6 months, and if they dont do it, neither you nor the judge can do anything about it. To give you a great example of our time, how many people have sued FEMA or DHS for inadequate response to Katrina? And has any lawsuit resulted in any difference? And I am talking about an event of catastrophic proportions involving voting citizens.
Please dont waste your energy in this lawsuit idea. However, it that is the only thing that makes you content, who am I to advise anyone against it?