Updates on Court Cases against USCIS

There are two relevant updates to discuss.

First, in terms of the STEM OPT court fight, the District Court this week dismissed the action against USCIS for the STEM OPT rules.  The Court found that USCIS had fixed the necessary issues and did not agree that USCIS overstepped its bounds with OPT.  However, it is still possible, and very probable, that this decision will be appealed to the Circuit Court.

Second, the court action against USCIS for the sudden changes in the October 2015 visa bulletin was dismissed.  As you may recall, USCIS and DOS retrogressed dates mid-month because USCIS had failed to properly inform DOS of the expected demand if the dates were not retrogressed.   The Court dismissed this suit saying that the Visa Bulletin is not a final rule that can be challenged in court.

If you have any questions leave a comment below or send me an email.  Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.

Author: Adam Frank, Esquire

I am an immigration attorney with over 20 years of experience. I was graduated from Brandeis University undergrad in 1990 and then spent a year traveling around Central America. In 1991 I began attending the University of Baltimore School of Law and was graduated in 1994. I began working in Immigration Law in 1998 when I joined a small law firm and, in 2000 opened my own firm with my law partner Ed Leavy. Sadly, Ed passed away in 2011. I am still a partner in my own firm with my current partner Brendan Delaney. Our firm is Frank & Delaney Immigration Law, LLC. View all posts by Adam Frank, Esquire