UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SHRAVAN KUMAR KONDAPALLY, Plaintiff, Civil Action No. 20-00920 (BAH) v. Chief Judge Beryl A. Howell U.S. CITIZENSHIP AND IMMIGRATION SERVICES, et al., Defendants. MEMORANDUM OPINION AND ORDER Plaintiff seeks a preliminary injunction, under Federal Rule of Civil Procedure 65, or relief under 5 U.S.C. § 705, reversing the decision of defendant U.S. Citizenship and Immigration Services (“USCIS”) to deny his Application for Employment Authorization (Form I-765) and approving his employment authorization during the pendency of this action. Upon consideration of plaintiff’s Opposed Motion for Relief Pending Review Pursuant to 5 U.S.C. § 705 or, in the Alternative, a Preliminary Injunction Pursuant to Fed. R. Civ. P. 65 (“Pl.’s Mot.”), ECF No. 13, the memoranda submitted in support and opposition, and the entirety of the underlying record, plaintiff’s motion is DENIED for the reasons set forth below. I. BACKGROUND A. Statutory and Regulatory Background The Immigration and Nationality Act (“INA”) creates a three-step process for noncitizens to obtain permanent employment in the United States in certain professional or skilled occupations. First, the employer applies for a labor certification from the U.S. Department of Labor confirming that “there are not sufficient workers who are able, willing, qualified . . . and available at the time of application for a visa and admission to the United States and at the place 1 where the alien is to perform such skilled or unskilled labor, and the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.” 8 U.S.C. § 1182(a)(5)(A)(i)(I)-(II). Second, once the Department of Labor grants certification, the employer submits the certification with an Immigrant Petition for Alien Worker (Form I-140) to USCIS on behalf of the noncitizen worker, known as the “beneficiary” to the petition. 8 C.F.R. § 204.5(l)(1); see also 8 U.S.C. § 1153(b)(3)(C). Lastly, upon USCIS’s approval of the I-140 petition, the beneficiary may apply for lawful permanent resident status by submitting an Application to Register Permanent Residence or Adjust Status (Form I-485). See 8 U.S.C. § 1255(a). USCIS cannot approve the I-485 application unless it also approves the underlying I-140 petition. See id. (noting that a status adjustment may only be granted if “the alien is eligible to receive an immigrant visa”). Under USCIS regulations, a noncitizen worker seeking to become a lawful permanent resident must have a valid offer of employment when the I-485 is filed and adjudicated. 8 C.F.R. § 245.25(a). A noncitizen worker filing a standalone employment-based I-485 application with a pending or approved I-140 may be required to establish that the original offer of employment detailed in the I-140 is continuing or to confirm the existence of a new bona fide job offer under the INA’s portability provision, 8 U.S.C. § 1154(j). 8 C.F.R. § 245.25(a). This information is provided through Supplement J to Form I-485 (“Supplement J”). During the pendency of the I-485 application, USCIS regulations allow the noncitizen worker to file an Application ...
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