The manner in which US immigration including H-1B Visas is regulated by the USCIS can be changed through a new case in the Supreme Court. The core issue is the level of deference that must be received by government agency officials. This is while writing or interpreting criteria that transcends plain reading of the policy memos of the agency or the statute.
Y-Axis Immigration Expert Usha Rajesh said that if the Supreme Court overturns the earlier 2 precedents it will have a considerable impact. This is on the way in which USICS rolls out policies for US immigration issues including H-1B Visas. The issue of Seminole Rock/ Auer deference comes in to picture in 2 scenarios. This is while one brings a judicial challenge to the actions of the USICS under their regulations. It could also be for a particular situation requiring an application of sub-regulatory guidance.
The new case is Kisor Vs Wilkie concerns an issue that is slender than the renowned Chevron deference. The legal analysts are of the view that the Supreme Court will address this also soon.
An editorial in the Wall Street Journal said that the Supreme Court will soon hear a lawsuit challenging 2 of its precedents. These refer to the interpretation of the ambiguous rules by the US Citizenship and Immigration Services.
The Supreme Court Justices will consider if the word ‘relevant’ was properly interpreted by the Veterans Affairs. This was to reject the benefits of for post-traumatic stress disorder to James Kisor a Marine veteran. The case is prominent as the court restricted the question of overruling its earlier verdicts while granting the certiorari. The cases are Seminole Rock & Sand Co (1945) and Auer v. Robbins (1997).
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