District Court Denies TRO Against State Department in October Visa Bulletin Suit

On September 28, 2015, several beneficiaries of approved employment-based visa petitions for highly skilled workers filed a class action complaint seeking declaratory and injunctive relief. 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 in line with the original 9/9/15 Bulletin. Plaintiffs then filed an amended complaint along with an emergency motion for a temporary restraining order (TRO) against the State Department. The U.S. District Court for the Western District of Washington has denied the motion for TRO stating “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.”

Rachel is an intern with the firm and is not a practicing attorney.

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The global economy has become increasingly transactional and transcontinental. Since 9/11, there have been many amendments to immigration laws in the United States that have largely affected both individuals and businesses. Cozen O'Connor's immigration law blog, ABC's of Immigration Law, focuses on the interests and the challenges faced by those individuals and business impacted by immigration laws.
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