J Waiver Litigation News - Victory!

In September 2023 Andrew L. Wizner and Brian Schmitt filed this lawsuit in Connecticut.  In October 2023 Mr. Schmitt filed this lawsuit in Maryland.

UPDATE: On Dec. 21, 2023 Brian Schmitt wrote: "I have decisive action on both of the J-2 litigations.  A few hours ago, DOS issued favorable recommendations on both. ... Nothing remarkable occurred aside from really pouring all the arguments out into the complaints.  Preliminary discussions with DOJ on Zerin Khan (D.Conn.) indicated that the complaint was so complex that OIL entered their appearance and the U.S. Attorney indicated that they were having trouble getting agency coordination because of “use it or lose it leave policy,” where the end of the year is the cut off.  On the Cordero (D.Md.) they just sought a month extension.  OIL also entered their appearance on this.  Reading between the lines, the sum total of what happened is that DOS was threatened by invalidation of the J-2 regs and they caved.  There are other pressure points throughout the complaints.  But when they resolve like this, you never truly know what the decisive blow was to score the victory."

[Hats off to Brian and law clerk Aaron Pentheny!]