Many people in the immigration field are familiar with the “policy” memorandum issued in January 2010, known as the “Neufeld Memo” on H-1Bs. The law firm of Greenburg Traurig recently sued USCIS over this outrageously inappropriate and legally irresponsible change in policy. In response, the USCIS has just filed a response arguing that a Preliminary Injunction against the Neufeld Memo …
What Happens When USCIS Breaks The Law?
Perhaps it has been too long since USCIS has truly been held accountable for its actions that it has become desensitized to the legal constraints under which it is permitted to operate. The USCIS is not given carte blanche to make whatever changes or interpretations it wants to long-standing immigration law, without first complying with the Administrative Procedure Act (”APA”). …