DC Circ. Says Gov't Has Last Word On Revoked Visa Petitions

Law360 (July 21, 2021, 4:54 PM EDT) -- The D.C. Circuit has joined nine other appellate courts in holding that courts lack the authority to review decisions by U.S. Citizenship and Immigration Services to revoke visa petitions it had previously approved because Congress gave the agency "unreviewable discretion."

A three-judge panel unanimously issued this holding on Tuesday in technology staffing firm iTech US Inc.'s challenge to USCIS revoking an I-140 immigrant visa petition filed in 2015 on behalf of Vishnu Vardhana Reddy, a citizen of India.

The agency in 2017 found that its initial approval of Reddy's immigrant worker visa was an error, and that iTech had misrepresented his...

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