Comment: Only Employers Can Challenge Work-based GC Decisions
In Srinivasa Musunuru v. Loretta E. Lynch, et al, the Seventh Circuit reversed the ruling of the lower court holding that immigrants are not entitled to receive notice and to challenge USCIS decisions regarding their employment-based Green Card applications--holding that only the immigrant's employers can do so. The case involved a change of employer, and the court held that Congress intended that immigrant's new employer to be treated as the de facto petitioner for the old employer's visa petition.

We hold that USCIS applied the notice and challenge regulations in a manner inconsistent with the statutory portability provision that allowed Musunuru to change employers. We do not hold, however, that Musunuru was entitled to notice and an opportunity to respond, or to administratively challenge the revocation of VSG's visa petition. Instead, we hold that Musunuru's current employer, Crescent Solutions, was entitled to these things. We so hold because Congress intends for a nonimmigrant worker's new employer to adopt the visa petition filed by his old employer when the worker changes employers under the statutory portability provision. Thus, to give effect to Congress's intention, the new employer must be treated as the de facto petitioner for the old employer's visa petition. As the de facto petitioner, the new employer is entitled under the regulations to pre-revocation notice and an opportunity to respond, as well as to administratively challenge a revocation decision.

Please see the case below.

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Focus: The EB-5 Summit, Washington, DC - Save $200
The EB-5 Summit For Attorneys and Developers will be taking place on September 9th in Washington, DC. The speakers include Ignacio Donoso (Discussion Leader), Peyman Attari, Roger Christoph, Coleen Danaher, Matt Gordon, Benjamin Hu, Dawn Lurie, Jerry Siegan, Dennis Tristani, Rob Winner, and other to be announced. This event is sponsored by AISA, Keystone Solutions, E3 Investment Group, NES Financial and Seyfarth Shaw LLP. The curriculum is as follows:

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Troy, MI - A boutique mid-sized professional services firm is seeking an Immigration Attorney with employment based experience. The firm provides delivery of global, business-based immigration services, servicing clients in a number of industries and for virtually every country in the world. Their clients are mid- to large-tiered corporations, providing them with a single source solution for work and residence permits, visas, and customized immigration analyses. Ideal candidate will have 3+ years of experience with Hs, Ls, PERMs, and E visas. Experience should include consular processing, efficient case handling and client management, and great analytical and writing skills. Please send your resume to veronica@employmentimmigration.com.

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Troy, MI - A boutique mid-sized professional services firm is seeking an Immigration Paralegal with employment based experience. The firm provides delivery of global, business-based immigration services, servicing clients in a number of industries and for virtually every country in the world. Their clients are mid- to large-tiered corporations, providing them with a single source solution for work and residence permits, visas, and customized immigration analyses. Ideal candidate will have 3+ years of experience in providing support in preparing and filing of petitions and applications with federal government agencies. Responsibilities include, but are not limited to, preparing and drafting routine correspondence and memoranda, researching immigration law and procedures, and case management. Please send your resume to veronica@employmentimmigration.com.

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Hammond Law Group, headquartered in Cincinnati, Ohio, is a full-service immigration law firm. We have a national practice, serving clients located throughout the United States. We began operations in 1991 and since then have provided representation to individuals and corporations, handling both family and business immigration cases. We are now pleased to announce the opening of our new Los Angeles office located at 4221 Wilshire Blvd., Los Angeles, CA 90010. The office will be limited to immigration and nationality law. With the opening of the Los Angeles office, HLG now has offices in Cincinnati, Cleveland, Phoenix, San Francisco, and Los Angeles. Hammond Law Group, LLC, 4221 Wilshire Blvd. Los Angeles, CA 90010.


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