Here are my two latest updates on the Visa Bulletin case.

From Friday, February 12, 2016:

“Good evening. The government lawyers filed their Motion to Dismiss this evening just under the deadline. You can find the document below. The five lawyers working on the team will be reviewing over the weekend and then we’ll advise on next steps. I can tell you that after reading the document, we are not seeing anything particularly unexpected.”

The Motion to Dismiss can be found at https://www.dropbox.com/s/f54ulhpnp0u5yzy/27.G-MTD.pdf?dl=0.

From Monday, February 15, 2016:

“Many of you want to know what happens next. We are required to submit a Response in Operation to the Motion to Dismiss by March 7th.

Then, we expect to have our first actual day in court on March 11th with oral arguments on the Motion to Dismiss in Seattle.

If the judge rules for us on the Motion to Dismiss, then we’ll get to move in to the discovery phase of the case.

As for what the government argued, the MTD was broken up in to three major sections relating to jurisdiction (does the court have authority to even hear the case), the Administrative Procedures Act (a law that dictates how government agencies are allowed to carry out their responsibilities) and due process (whether protected rights were violated by the government).

Without getting in to the specifics of our strategy, we believe we’ll have solid arguments to counter the government in each of these areas. That’s not to say this is going to be easy. Quite the opposite. The government usually has an advantage in these types of cases with courts often willing to give them the benefit of the doubt. But we are remaining hopeful. Also, remember that if we do not make it past this stage of the case, the FOIA litigation continues on a separate track.”

Greg Siskind

Greg Siskind

Greg Siskind is a partner with Siskind Susser, PC - Immigration Lawyers. After graduating from Vanderbilt University, he received his law degree at the University of Chicago. He created the first immigration law web site in 1994 and the first law blog in 1997. He's written four books and currently serves on the board of governors of the American Immigration Lawyers Association. He can be reached by email at gsiskind@visalaw.com.
Greg Siskind

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13 Responses to Visa Bulletin Lawsuit Update

  1. Anonymous says:

    Thanks as always! Keep up the good work.

  2. Anonymous says:

    Thanks and WE are remaining hopeful

  3. Venkat says:

    Thanks for all the hard work and keeping us updated Greg.

    Thanks

  4. param says:

    Thanks for update Greg.

  5. alpha0 says:

    Thanks for all your hard work! Hope we get benefits of this hard work soon.

  6. Anonymous says:

    I hope that truth, fairness and justice prevails. Thanks Greg for fighting for the right cause. Kudos to you and the team.

  7. Harry says:

    I still remember the day when the news came in Dec 2014 that President is going to announce sweeping changes to Employment base category Green card process. We were so hard pressed in the queue for years, that me & my friends ( who are in same situation) decided to host Super bowl like party in my basement. We focused the live broadcast from CNN into big projector on screen ( like we do for every Superbowl) and had great night that day..

    As the days progress, our hopes started diminishing & after almost 2 yrs of wait, the news came for dates being current. This not due to any major immigration reform ( for. e.g. EAD for I-140 ) approve but due to dates being split into two. The joy which was rusted for couple of years, tok a deep breath and started coming in me & my family faces.. We started making plans for cruse/vacation etc..

    I paid $50 for FedEx overnight to send my documents to attorney. My Attorney have already cashed the check fr fees & bills Medical examination were already in my mail box..Then the big shocker came when, one of my friend called to tell me that dates has been reversed.. Is started thinking about my luck, travel the job that i was planning to take etc..

    I am so frustrated with this whole process of hide & seek that at one point decided to seek employment in other countries. I keep asking myself, did we do a mistake by coming legally.. I guess not then why is the punishment.. EAD for DACA/DAPA etc.. while honest taxpaying, highly educated engineers get such sad treatment by govt which is land of opportunity!! This is Not fair!!

  8. Anonymous says:

    Nothing’s going to change….US Chamber of Commerce and AILA will never allow anything to change….sad but true.

    • Greg Siskind says:

      As I’m on the AILA Board of Governors and we had a great amount of assistance from AILA with the lawsuit, don’t you think your comment is ridiculous? As for the Chamber, I’ve heard nothing but support from them on matters related to improving the lot of people in the employment-based green card categories. You need to stop buying in to the conspiracy theories coming from certain groups that are blaming others as the excuse for their own inability to make change.

      • Anonymous says:

        Just Google about the person who left the high paying job at chamber of commerce to join a petty advisor job at DHS after Obama has announced the admin fixes….don’t you see the difference between the rules that have come out and what president Obama has spoken on the national television.

        Just read the executive summary of his speech on Whitehouse.gov webpage and compare the rules that have come out and I will leave the judgement to you.

        I do not intend to blame any particular individual at AILA or Chamber of Commerce…. But as organizations their intentions are different than their words.

      • Anonymous says:

        If USCIS really wanted to help the immigrant hopeful crowd stranded in 10 year queue, they would not have proposed a 181 page mumbo jumbo rule that appears like they did a lot of ground work on President’s EO but basically doesn’t even address one issue.

        Their amazing proposed cure is just non-revocation of I140. Where does AILA stand on this? Why are they not standing behind the H1 crowd and outing the USCIS?

        • Anonymous says:

          H1b fee is a gold mine and it’s an open secret that the longer you make people wait in line….the more money USCIS gets to fund their budget…….under the current secretary of DHS not a single new EAD has been issued in around 4 years for EB2 India….last one being in April 2012…/with a priority date of may 2010.
          That itself speaks a lot about the intent.

  9. Chatpata says:

    https://www.whitehouse.gov/sites/default/files/docs/final_visa_modernization_report1.pdf

    The following recommendations will be implemented:

    Recommendation 1: Update the monthly Visa Bulletin. Later this year, State, in consultation with DHS, will revise the monthly Visa Bulletin to better estimate immigrant visa availability for prospective applicants, providing needed predictability to nonimmigrant workers seeking permanent residency. The revisions will help ensure that the maximum number of available visas is issued every year, while also minimizing the potential for visa retrogression. These changes will further allow more individuals seeking LPR status to work, change jobs, and accept promotions. By increasing efficiency in visa issuance, individuals and their families who are already on the path to becoming LPRs will have increased security that they can stay in the United States, set down roots, and more confidently seek out opportunities to build lives in our country.

    Recommendation 2: Refine monthly allocation of visas. State will increase monthly visa allocation totals during the first three quarters of the fiscal year to the degree permitted by law in order to ensure that fewer numbers are left for the final quarter, thereby ensuring that visa numbers issued are as closely aligned with statutory mandates as possible.

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