NILA Practice Advisory, May 17, 2024 "Noncitizens and their attorneys are experiencing record-breaking delays in the adjudication of benefit applications by U.S. Citizenship and Immigration Services...
Hon. Jeffrey S. Chase, May 16, 2024 "In 2003, the Office of the U.N. High Commissioner for Refugees published Guidelines for applying the bars to asylum known internationally as the “exclusion...
Cyrus D. Mehta and Kaitlyn Box, May 14, 2024 "In “What if the Job Has Changed Since the Labor Certification Was Approved Many Years Ag o” we discussed strategies for noncitizen workers...
Blanford v. USCIS "Because of a consular officer’s suspicions over a $900 payment, two children have spent the last seven years in a Liberian orphanage instead of with their adoptive parents...
EOIR, May 10, 2024 "The Executive Office for Immigration Review (EOIR) today announced the appointment of 20 immigration judges—18 immigration judges who joined courts in California, Georgia...
RELX (LexisNexis) v. Baran
"In short, the LexisNexis position was a distinct occupationwhich required a specialized course of study, notwithstandingthe fact that the study included several specialized fields. Ms.Chatterjee completed that specialized course of study in therelevant fields and LexisNexis has employed her exactly becauseshe has the specialized skills to perform the duties of theposition and requisite educational requirements. The mountain ofevidence submitted by LexisNexis to support the petition morethan meets the preponderance of the evidence standard. Theagency’s decision was not “based on a consideration of therelevant factors” and was “a clear error of judgment.” SeeCitizens to Preserve Overton Park v. Volpe, 401 U.S. 402, 416(1971). USCIS acted arbitrarily, capriciously, and abused itsdiscretion in denying employer's petition for H–1B visa statuson behalf of Ms. Chatterjee. Accordingly, the plaintiffs’ motionfor summary judgment is GRANTED. ...
For the foregoing reasons, defendants’ motion to dismiss isDENIED and plaintiffs’ motion for summary judgment is GRANTED.Accordingly, the defendants shall grant plaintiffs’ petition andis FURTHER ORDERED to change Ms. Chatterjee's status to H–1Bnonimmigrant. An appropriate Order accompanies this MemorandumOpinion."
[Hats off to Denyse Sabagh and Michael Schrier!]