On May 24, USCIS provided additional information related to implementation of its expanded premium processing program. First announced March 29, 2022, USCIS stated its intention to expand premium processing to
Continue Reading Slow and Steady: USCIS Provides Additional Details for Expanded Premium Processing

On Jan. 21, 2022, U.S. Citizenship and Immigration Services (USCIS) updated its policy guidance in the USCIS Policy Manual to address national interest waivers for advanced degree professionals or persons
Continue Reading USCIS Updates Guidance Adjudicating Requests for ‘National Interest Waiver’

On September 29, 2014, the United States Court of Appeals for the Eleventh Circuit ruled that a beneficiary of an approved I-140 visa petition has standing to challenge the revocation of a previously approved I-140 visa petition.

In this case, Mr. Kurapati was the beneficiary of a valid I-140 petition filed by Worldwide Web Services, Inc. (Worldwide). Mr. Kurapati and his wife subsequently filed their applications for adjustment of status on August 14, 2007. On April 27, 2009, Mr. Kurapati notified USCIS of his intent to port to a new employer. On July 5, 2012, while the applications for adjustment of status were still pending, USCIS issued notices of intent to revoke (NOIR) for Mr. Kurapati’s approved I-140. USCIS eventually revoked Mr. Kurapati’s I-140 visa petition on September 12, 2012 based on Worldwide’s alleged misstatement of material fact in its applications. Because Worldwide has ceased to exist, Mr. Kurapati himself has been responding to the NOIR and appealing the revocations with the AAO. The AAO rejected the appeals citing Mr. Kurapati’s lack of standing under the regulations. See 8 CFR Section 103.3(a)(1)(iii)(B). Mr. Kurapati also filed a complaint with the U.S. District Court for the Middle District of Florida, and the court also dismissed the complaint alleging that Mr. Kurapati also lacked Article III standing, prudential standing, and the court lacked subject matter jurisdiction.

Continue Reading Eleventh Circuit Court of Appeals Says Beneficiary of Approved I-140 Has Standing to Challenge an I-140 Revocation