USCIS, July 16, 2024 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the new provisions added to the Immigration and Nationality...
DOS, July 15, 2024 " On June 18, 2024, the Biden-Harris Administration announced actions to more efficiently process employment-based nonimmigrant visas for those who have graduated from college...
Cyrus D. Mehta and Jessica Paszko, July 13, 2024 "Portability under Section 204(j) of the Immigration and Nationality Act (INA) allows certain employment-based green card applicants to change jobs...
This document is scheduled to be published in the Federal Register on 07/12/2024 "The Department of State (the Department) publishes a final rule revising the Code of Federal Regulations to amend...
Visa Bulletin for August 2024
Emami v. Mayorkas
"Drawing all inferences and viewing all evidence in the light most favorable to the government, the Court finds that plaintiffs have met their burden of showing that there is no genuine dispute as to any material fact, and that the waiver implementation guidance was arbitrary and capricious in violation of the APA. Plaintiffs have come forward with numerous waiver criteria -- such as for “undue burden,” “undue hardship,” “national interest,” and “national security,” Dkt. No. 197 at 5-7, 21-22 -- for which the government promulgated unduly narrow and restrictive limitations, and for which no rational explanations can be found in the administrative record, Dkt. No. 98-1. Consequently, summary judgment is granted in plaintiffs’ favor on the APA claims brought under 5 U.S.C. § 706(2)(A)."
[Hats off to Shabnam Lotfi, who writes: "We just got an order in our travel ban waiver suit that was filed 4 years ago. The judge granted our motion for summary judgment and said the government's waiver guidance was arbitrary and capricious. The judge ordered the parties to find a way to reconsider visas denied under the travel ban. It's not clear yet what this process will look like or who it will apply to. Huge shout out to Veronica Sustic for her incredible advocacy on this case. Huge shout out to Muslim Advocates and Perkins Coie who partnered with us on this suit (Emami v. Mayorkas). Huge shout out to NILC, Arnold Porter, IABA, and Advancing Justice - ALC for their hard work on the companion suit (Pars Equality Center v. Blinken)."]