EB2 DENIALS: INS TO BEGIN RE-ADJUDICATION OF SPECIFIED CASES
-Petitioners, beneficiaries and attorneys urged to identify EB2 denial cases-
San Francisco, March 10 - Plaintiffs’ counsel in a proposed national class action lawsuit against the Immigration and Naturalization Service, today announced that they are urgently requesting petitioners, beneficiaries, and attorneys to identify potential affected cases in the lawsuit which challenges the denials of I-140 petitions under the EB2 preference category. The proposed class consists of:
“Members of the professions holding advanced degrees or their equivalent who are beneficiaries of I-140 petitions filed with the INS for employment-based second preference immigrant classification (members of the professions holding advanced degrees or their equivalent) based on approved alien labor certifications (ETA-750’s) which indicate in Part A of the ETA 750 that a minimum of either a Master’s degree, or a Bachelor’s degree plus five years of experience in the profession, is acceptable to meet the minimum job requirements for the job offered, and whose I-140 petitions have been or will be denied by the INS.”
Attorneys, petitioners, or beneficiaries who are aware of cases that may fit this description are urged to complete the questionnaire below and send it to eb2litigation@usabal.com or FAX it to 503-213-8872. Interested parties may also consult the website at www.USABAL.com for continuously updated information, and for an online version of the attached form.
Special attention should be given to affected cases where the beneficiary’s period of authorized stay on a final nonimmigrant visa will expire on or before May 1, 2000, or where the beneficiary will be adversely affected by the retrogression of priority dates in the EB2 category in April.
The class action suit, Chintakuntla v. I.N.S. (No. C-99-5211 MMC, N.D. CA) filed by the San Francisco law firms of Berry, Appleman & Leiden, and Van Der Hout & Brigagliano, challenges the INS denial of employment based second preference (EB2) I-140 petitions where the underlying approved labor certification (ETA-750A) states that the employer will accept an individual with a bachelor’s degree plus five years experience in lieu of a master’s degree.
In a court-ordered joint stipulation entered today, the INS is to re-adjudicate a small number of specified cases before the end of March 2000. The limited agreement allows the parties to continue to discuss differences in an attempt to reach a resolution of the overall matter, including whether a class wide resolution is appropriate.
EB2 Litigation Questionnaire - Please email eb2litigation@usabal.com or FAX to 503-213-8872. Please supply all requested information.
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Date:
EB2 Class Member Last (Family) Name:
EB2 Class Member First (Given) Name:
Name of Petitioner (Employer):
Priority Date:
INS I-140 Petition Receipt # (e.g., WAC#, SRC#, VSC#, LIN#):
Date I-140 filed:
Denied by service center (YES/NO)?:
Date denied:
INS I-290B Appeal Receipt # (if appealed):
Date I-290B filed:
Denied by AAO (YES/NO)?:
Date denied:
Has EB3 petition been filed (YES/NO)?:
Date EB3 filed:
INS I-140 Petition Receipt #:
Current Status (approved/denied/pending)?:
NIV (e.g., H-1B) Final Expiration Date:
Is the Class Member Abroad? (YES/NO):
Name of person completing this form:
Firm:
Address:
Telephone:
Fax:
Email address:
To whom should further notices of this class action litigation be sent?