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BUTT

BIAJuly 1, 2013No. ID 3779
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Case Details

Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The Board of Immigration Appeals reversed the Immigration Judge's decision and concluded that the respondent's labor certification application was 'approvable when filed' and therefore served to grandfather him for adjustment of status eligibility under section 245(i). The case was remanded for further proceedings.

Excerpt

BUTT, 26 I&N Dec.108 (BIA 2013) ID 3779 (PDF) (1) For purposes of establishing eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. § 1255(i) (2006), an alien seeking to be"grandfathered" must be the beneficiary of an application for labor certification that was "approvable when filed." (2) An alien will be presumed to be the beneficiary of a "meritorious in fact" labor certification if the application was "properly filed" and "non-frivolous" and if no apparent bars to approval of the labor certification existed at the time it was filed.

What This Ruling Means

**What Happened** This case involved a worker who was trying to get permanent legal status in the United States through his job. The worker had filed a labor certification application (a document that proves an employer needs to hire a foreign worker because no qualified U.S. workers are available). An immigration judge initially rejected his application, saying it didn't meet the requirements to qualify him for a special "grandfathering" provision that would have made it easier for him to get his green card. **What the Court Decided** The Board of Immigration Appeals overturned the immigration judge's decision. The board ruled that the worker's labor certification application was valid when it was originally filed, which meant he could use the grandfathering provision. This allowed him to pursue permanent legal status under more favorable rules that existed when he first applied. The case was sent back to the lower court for additional review. **Why This Matters for Workers** This ruling helps foreign workers who filed labor certification applications understand that if their paperwork was properly completed and legitimate when submitted, they may still qualify for certain immigration benefits even if rules have since changed. It protects workers from losing eligibility due to technicalities when their original applications were filed correctly.

This summary was generated to explain the ruling in plain English and is not legal advice.

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