On September 28, 2015, several highly-skilled immigrant workers from India and China filed a federal class action lawsuit in the State of Washington against the U.S. Department of State (“DOS”) and U.S. Department of Homeland Security (“DHS”) over revisions to the October 2015 Visa Bulletin (Revised Visa Bulletin).  A temporary restraining order was subsequently filed on September 30, 2015.

Unfortunately on October 7, 2015, the court denied the plaintiffs’ request for a temporary restraining order. The court denied the request for a temporary restraining order because it found that (1) the plaintiffs failed to show a likelihood of success on the merits, and (2) the revision of the Visa Bulletin did not substantially alter the plaintiffs’ rights.  According to the court, the Revised Visa Bulletin only clarified a prior incorrect statement of their rights. 

The immediate effect of this decision is that the Revised Visa Bulletin will remain in effect and DHS will not be required to accept Adjustment of Status applications that could have been filed under the Original Visa Bulletin but not under the Revised Visa Bulletin. The underlying lawsuit, however, is still ongoing.

Many foreign nationals who very recently found themselves one step closer to having a green card are now looking at lengthy wait times once again.  A good portion of these individuals have also incurred costs associated with their anticipated applications to adjust status including legal fees, medical exams, and passport photos.  We will continue to monitor the progress of the case moving forward.

 

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Photo of Courtney B. Noce Courtney B. Noce

Courtney B. Noce co-chairs the Immigration & Compliance Practice. She focuses her practice on U.S. business immigration, compliance and enforcement actions, as well as global immigration. She represents both large multinational companies and small start-ups on the full range of employment-based immigration, ranging

Courtney B. Noce co-chairs the Immigration & Compliance Practice. She focuses her practice on U.S. business immigration, compliance and enforcement actions, as well as global immigration. She represents both large multinational companies and small start-ups on the full range of employment-based immigration, ranging from permanent residence (PERM, National Interest Waivers, Extraordinary Ability/Outstanding Researcher, Multi-National Managers, among others) to nonimmigrant visa categories (H-1B, H-3, J-1, L-1A/B, O-1, TN). Courtney has a particular understanding of working with the retail industry and the ever-evolving challenges this industry faces.

Courtney works closely with companies on complex challenges associated with I-9 employment verification, enforcement actions, as well as H-1B and LCA compliance. She provides proactive strategies in the form of onsite training, internal audits and reviews, as well as deploying best practices to minimize exposure and liabilities in the event of government investigations.

Courtney also assists multinational clients in the area of global mobility and immigration. She has experience helping companies move key personnel into all parts of the world.

Prior to practicing law Courtney worked with the Georgia Department of Economic Development as a Business Development and Project Manager. In this role, she helped Life Sciences and Technology companies move to and expand in the State of Georgia. She worked frequently with international and domestic companies addressing global mobility needs, and is acutely aware of the important role immigration plays for global companies.

Courtney has studied, lived, and worked in Canada, France, and Italy. She is fluent in Italian, proficient in French and has basic Spanish skills.