Page 43 - The Indian EYE 071924

IMMIGRATION JULY 19, 2024 | The Indian Eye 43

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who has to describe the job title, du- fare any better if the employer’s long strate, if questioned during a natu- tions on Form I-485J have effective-
ties, and the Standard Occupational standing practice is to include job ralization interview, that they had ly made it a requirement. However,
Classification (SOC) code, which duties and job duration in its offer moved to a same or similar job. How- although there is more certainty with
may be daunting for the employer to letters? From that employer’s per- ever, this approach introduced uncer- the I-485J, applicants may find them-
figure out, and even more so in light spective, despite its long standing tainty regarding whether applicants selves penalized if the I-485J does
of signing under penalty of perjury. practice, denying an offer of employ- were obligated to disclose changes in not get submitted before the issuance
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An employer’s unwillingness to ment to a foreign national in need of employment. With the introduction of a green card. This creates a para-
attest to the contents of the I-485J an I-485J is not commensurate with of regulations like 8 CFR § 240.25(a) doxical situation where those who se-
under penalty of perjury may not be discrimination because a signature many years after the enactment of cured employment before their I-485
the only consideration. A fearless on the I-485J exposes it to perjury, a INA § 204(j), clarity has been en- approval may benefit more than
employer who has a hard time be- major liability that its long standing hanced: applicants can now use Form those who did not, assuming that the
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lieving the government would bother practice does not even contemplate. I-485J to affirmatively demonstrate employer is not reluctant to sign its
bringing perjury charges against him The pre-2017 era prior to the ongoing employment with the spon- part the first place after being con-
for something like this would glad- requirement of I-485Js offered a soring employer or a new job in the fronted with an I-485J asking for job
ly sign off on an I-485J but for the simpler process for adjustment ap- same or similar occupation, after the duties and an SOC code.
form’s request for information that is plicants who sought job flexibility. application has been pending for 180 *Jessica Paszko is an Associate
fundamentally at odds with the em- During that time, applicants were days. While not explicitly mandatory at Cyrus D. Mehta & Partners PLLC.
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ployer’s business practices. Indeed, generally only required to demon- under 8 CFR § 240.25(a), the instruc-
an employer who solely offers em- _________________________________________________________________________________________________________
ployment-at-will or who never speci- Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta & Partners
fies job duties or job duration in offer PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Committee; former chair of
letters may be hesitant to change its AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary Committee, Appellate Division, First
longstanding practice and provide in- Department, New York; member of the ABA Commission on Immigration; board member of Volunteers for Legal Services and board member
formation in the I-485J it has never of New York Immigration Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American Immigration Council and former
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put in writing. The employer’s unwill- chair of the Committee on Immigration and Nationality Law of the New York City Bar Association. He is a frequent speaker and writer on
ingness to endorse an I-485J because various immigration-related issues, including on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a
to do so would contradict its normal course entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice
business practices would also cut of immigration law and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in
against a claim that the employer en- the immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among the most
gaged in discrimination. On the other highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
hand, would a discrimination claim on your browser and watch IndiaLife TV 24 Hours
Chambers Global 2019 in immigration law, among other rankings.

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