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.