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Expert: Demise of Chevron Doctrine Likely to Spur More Litigation

June 28, 2024 (1 min read)

Gaby Del Valle, The Verge, June 28, 2024

"Chevron deference has given the Department of Homeland Security and its component agencies broad latitude. For example, under Chevron, decisions made by US Citizenship and Immigration Services (USCIS) — the federal agency that, among other things, issues non-immigrant, work-based visas like H-1Bs — were more difficult to challenge because of the requirement that courts defer to federal agencies. ... “In the past, employers have had a hard time overturning narrow interpretations of H-1B issues because of Chevron deference,” Stephen Yale-Loehr, a professor of immigration law practice at Cornell Law School, told The Verge. “Now, however, people who feel that the agency is too stingy in its interpretation of various visa categories may be more likely to seek court review.” ... “A lot needs to be worked out,” said Yale-Loehr, “and it will be confusing and complicated for several years.“