IndiaPost.com - Adjustment applicants can exercise job portability

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On February 22, in Perez-Vargas v Gonzales, the US Court of Appeals for the Fourth Circuit ruled that applicants with pending adjustment of status applications can exercise job portability while in removal proceedings.

Section 204(j) of the Immigration and Nationality Act allows those with adjustment of status applications pending for more than 180 days to continue with the permanent resident status process despite changing jobs or employers, provided the new job is in an occupational classification that is the same as, or similar to, the one sponsored by the original employer. In Perez-Vargas, the Fourth Circuit disagreed with the Board of Immigration Appeals' conclusion that an immigration judge lacked jurisdiction to make such a portability determination under section 204(j).

The court agreed with the petitioner that the BIA misapprehended the question by distinguishing jurisdiction to adjudicate an application for adjustment of status from jurisdiction to make a section 204(j) determination. Among other things, the court reasoned that the BIA's interpretation would effectively negate the beneficial impact of section 204(j) with respect to non-citizens in removal proceedings, an interpretation that runs contrary to the plain language of the statute.

For more on this case, including an analysis of its likely effects in the Ninth Circuit and other jurisdictions, see Mehta, "Fourth Circuit Holds That Adjustment Applicants Can Exercise Job 'Portability' in Removal Proceedings," available at www.cyrusmehta.com Top Officials of Cleaning Service Charged With Immigration Violations On February 22, undocumented workers in 18 states were swept up in a US Immigration and Customs Enforcement and Internal Revenue Service investigation of Rosenbaum-Cunningham International, Inc. (RCI), a cleaning service.

RCI co-owners were charged with various fraud, immigration, and tax charges in a 23-count indictment. The estimated 200 janitors were nabbed at 63 locations, including the House of Blues, Hard Rock Café, ESPN Zone, Planet Hollywood, and others. Cyrus D Mehta, who appeared on the 10 pm Fox 5 news on February 22, stated that the ICE raids were not a solution to fix a broken immigration system. Such a broken system does not allow essential workers to obtain green cards, and for employers to thus hire them legally.