The Second Circuit has determined that the agency’s revocation of an I-140 based on doubts about the petitioning employer’s ability to pay and the qualifications of the beneficiary is a discretionary determination, which a federal court lacks jurisdiction to review.

The full text of Nouritajer v. Jaddou can be found here:

https://www.ca2.uscourts.gov/decisions/isysquery/0fd4a320-a95a-440d-b66d-c8e154bc7a03/14/doc/21-632_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/0fd4a320-a95a-440d-b66d-c8e154bc7a03/14/hilite/

Comment