The Administrative Appeals Office (AAO) has solicited amicus curiae (“friend of the court”) briefs  on whether the beneficiaries of certain I-140 immigrant visa petitions have standing to participate in the administrative adjudication process, including standing to appeal to the AAO.  An amicus curiae brief is a written statement of law or legal opinion written by someone who is not directly related to, or a party to, the specific case under consideration.

This is an important consideration for foreign nationals who are the beneficiaries of an I-140 immigrant petition filed by a U.S. employer who are transferring to a new U.S. employer under the American Competitiveness in the Twenty First Century Act (AC21) portability provisions. Given the lengthy adjudication process for permanent residence applications, AC21 provides an opportunity for employees to transfer to a new employer if the following conditions are met: a) the employee has an I-485 Adjustment of Status pending for at least 180 days and b) the employee will continue to work in the same or similar occupation as reflected in the underlying PERM labor certification and I-140 petition. The I-140 petition must also be approved. However, even if these conditions have been met, there are many other issues that can interrupt the permanent residence process in this scenario.
Continue Reading USCIS Administrative Appeals Office Solicits Amicus Curiae Briefs: Impact on I-140 Immigrant Applicants