On September 28, 2015, several beneficiaries of approved employment-based visa petitions for highly skilled workers filed a class action complaint against the U.S. Department of State (“DOS”) and U.S. Department of Homeland Security (“DHS”) seeking declaratory and injunctive relief in response to the DOS’ September 25, 2015 revision to the October Visa Bulletin. Principally, Plaintiffs asked the court to strike down the revised 9/25/15 version of the October Visa Bulletin and compel USCIS to accept adjustment applications pursuant to the original, 9/9/15 Bulletin. On September 30, 2015, Plaintiffs filed an amended complaint along with an emergency motion for a temporary restraining order.
On October 7, 2015, the District Court denied the motion for temporary restraining order, holding that “While the Court appreciates the confusion caused by the two Visa Bulletins published in September and the potentially wasted expenses Plaintiffs incurred as a result, because Plaintiffs fail to meet the critical elements for a temporary restraining order at this time, the Court cannot issue injunctive relief.”
Based on decision, while the actual lawsuit will continue, the Sept 25, 2015 October Visa Bulletin remains in effect and DHS will not accept adjustment of status applications that might have been accepted pursuant to the earlier, 9/9/15 Visa Bulletin. Potential Applicants should review the updated Bulletin to reassess their eligibility to file for adjustment of status to avoid returns and rejections.