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November 18, 2005

District Court Rejects USCIS Arguments on EB-3 Equivalency

On November 3, 2005, the Oregon U.S. District Court Magistrate Judge opined on the effect of a labor certification application's "B.A. or equivalent" language on elibility for employment-based third preference. In the end, the judge held that the NSC's decision to deny plaintiffs' I-140 petition on the grounds that one of the plaintiffs did not have a foreign degree equivalent to a B.A. in Theology was "arbritrary, capricious and an abuse of discretion." The court thus vacated the original decision and ordered USCIS to approve the I-140 petition. AILF and AILA appeared as amicus on this case. (Grace Korean United Methodist Church v. Chertoff, 11/3/05).

Posted by VisaLawyer at November 18, 2005 12:44 PM


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