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8 CFR 204.5(m)(4) and (11) Ultra Vires: Shalom Pentecostal Church v. Beers

"Because the Regulation is ultra vires, Plaintiffs’ motion for summary judgment is GRANTED to the extent it seeks to strike 8 C.F.R. §§ 204.5(m)(4) and (11). ... Here, Defendants’ sole basis for denial of the petition was the Regulation, which this Court has struck, and they...

Special Immigrant Religious Worker Regs Ultra Vires: Passionists & Ocampo v. Johnson

"The precise question presented in this case is whether the statute that Congress enacted, which defines the class of immigrants who are eligible for a special immigrant religious worker visa, excludes individuals seeking to qualify based on work performed when they were not authorized to work in...

USCIS Policy Memo: Qualifying U.S. Work Experience for Special Immigrant Religious Workers

"On April 7, 2015, the U.S. Court of Appeals for the Third Circuit, in Shalom Pentecostal Church v. Acting Secretary DHS, 783 F.3d 156 (3d Cir. 2015), found the regulatory requirements that qualifying work experience gained in the United States must have been acquired in lawful status (herein “lawful...

AAO Religious Worker Victory: Matter of I-S-O-A-, Inc.

Matter of I-S-O-A-, Inc., ID# 13560 (AAO Mar. 9, 2016) - "[N]otwithstanding the regulation at 8 C.F.R. 204.5(m)(4) and (11) as currently written, in accordance with the Policy Memorandum, we find that the Petitioner has established that the Beneficiary had the required two years of continuous, qualifying...