April 5, 2000 – Under the terms of a new Joint Stipulation signed by the court on April 4th in the EB2 Class Action, the government will expeditiously readjudicate previously denied EB2 petitions for potential class members whose nonimmigrant status will expire on or before June 1, 2000, and for potential class members who would be prevented from filing applications for adjustment of status as a result of any further rollback of visa availability indicated in the May 2000 Visa Bulletin. The agreement gives the parties 30 days to develop and review the terms of a proposed order and develop a systematic plan to implement such an order. This is an interim agreement that protects potential class members who face immediate irreparable harm resulting from the denial of their EB2 petitions while the parties work on developing a class-wide resolution of the case. (A copy of the April 4 Joint Stipulation is available by clicking here.)
In addition, the proposed class definition is being revised to conform with the Judge’s instructions from the March 27, 2000 hearing. Individuals with an ETA 750A job requirement of a bachelor’s degree plus 5 years experience (master’s degree requirement not explicitly indicated) may be included in the class.
Since permanent injunctive relief may be ordered by the court, or an informal resolution of the case may be reached, attorneys, employers, or individuals are urged to identify all potential class members who may qualify for readjudication, either immediately, or in due course as a result of this litigation. For such individuals, a completed questionnaire (available at www.USABAL.com) plus a copy of page 1 of Form ETA 750A and a copy of the service center denial notice should be faxed to (503) 213-8872.