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Showing posts with the label Mayorkas

Don’t Get So Uptight. It’s Only a Guideline.

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 should not be granted. You are going to love the reason why: Moreover, the guidance memorandum at issue in this case is not subject to the notice and comment rulemaking requirements of the APA. USCIS’s memorandum merely sets forth a general and flexible framework to guide agency adjudicators in the exercise of their discretion . The memorandum simply refines the contours of an already existing legal norm set forth in the agency’s regulation. Under these circumstances, the memorandum falls well within the contours of a policy statement or interpretive guidance, as defined by the D.C. Circuit, and is a...