By Cyrus D. Mehta and Kaitlyn Box* In “What if the Job Has Changed Since the Labor Certification Was Approved Many Years Ago” we discussed strategies for noncitizen workers who are eligible to file an I-485 adjustment of status application, but find that their job has changed since the approval of the I-140 petition, which […]
By Cyrus D. Mehta and Jessica Paszko* Surely, USCIS would be hard-pressed to find that any one of the men who contributed to the founding of our great nation did not possess “extraordinary ability,” but would it draw the same conclusion about each of our Founding Fathers in the early days of their careers when […]
By Cyrus D. Mehta and Kaitlyn Box* On April 10, 2024, USCIS issued a policy alert clarifying the term “sciences or arts” for Schedule A, Group II occupations. Schedule A occupations are those for which the Department of Labor (DOL) has recognized that a shortage of U.S. workers exists. Group I occupations consist of physical […]
By Cyrus D. Mehta and Kaitlyn Box On March 25, 2024 Chief Justice J. Randal Hall of the United States District Court for the Southern District of Georgia, Statesboro Division granted Walmart’s motion for summary judgment in Walmart Inc. v. Jean King, which alleged that the administrative proceedings against the company for violations of immigration-related […]
By Cyrus D. Mehta and Kaitlyn Box* The process for an employer to sponsor a noncitizen employee for permanent labor certification is long and complicated. The first step in the process for filing Form ETA 9089, Application for Permanent Labor Certification, also known as PERM, is to file Form ETA 9141, Request for Prevailing Wage […]
On March 8, 2024, Judge Tipton in Texas v. DHS dismissed a lawsuit brought by Texas and 20 other states challenging President Biden’s humanitarian parole program. Judge Tipton, who was appointed by Trump, has otherwise been receptive to challenges to Biden’s immigration policies but not this time. Texas filed the lawsuit in his court thinking […]
By Cyrus D. Mehta and Kaitlyn Box* On November 29, 2023, the Supreme Court heard oral argument in Securities and Exchange Commission v. Jarkesy, a case that involves several key questions: whether the statues allowing the Securities and Exchange Commission (SEC) to bring administrative enforcement proceedings that impose civil penalties violate the Seventh Amendment right […]
On February 20, 2024, the Supreme Court heard oral argument in Corner Post, Inc. v. Board of Governors of the Federal Reserve System. This case could potentially expand the six year statute of limitations to challenge a regulation under the Administrative Procedure Act (APA). § 702 of the APA provides that “]a] person suffering legal […]
By Cyrus D. Mehta and Kaitlyn Box* On January 31, 2024, the Board of Immigration Appeals (BIA) issued a decision in Matter of Aguilar Hernandez. Mr. Aguilar Hernandez, a noncitizen from Mexico, had been served a Notice to Appear (NTA) in 2019 that did not list the date and time of his individual hearing. He […]
By Cyrus D. Mehta and Kaitlyn Box The Supreme Court on January 17, 2024 heard arguments in two cases – Relentless, Inc. v. Department of Commerce and Loper Bright Enterprises v. Raimondo – that may determine whether courts will continue to give deference to a federal agency’s interpretation of an ambiguous federal statute as held in Chevron […]
