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the actual legal issue before it. As ulation to issue employment autho-
rization to noncitizens. Despite the
Washtech was decided after the Simply go to your App Store or Play Store
major questions doctrine was estab- evisceration of Chevron deference,
lished by the Supreme Court in West courts need not rely on an agency’s
Virginia v. EPA, it was assumed interpretation of an INA provision
that Washtech already considered it in order to provide noncitizens with
and there was no need to upset the From SmartTV Download ZingoTV App
work authorization, such as the INA
Court’s holding in Save Jobs USA, provisions that extend STEM OPT
which relied on Washtech. work authorization to F-1 students
Save Jobs USA v. DHS also rep- or provide work authorization to H-4
resents one of the first instances of spouses, because these statutory pro-
a federal court upholding a regula- visions are not ambiguous in the first
instance.
tory provision notwithstanding the Login|Register with your eMail then
demise of Chevron deference. In *KAITLYN BOX IS A SENIOR ASSOCIATE AT
its June 28, 2024 decision in Loper not ambiguous in the first place. that courts can rely on direct authori- CYRUS D. MEHTA & PARTNERS PLLC.
Bright Enterprises v. Raimondo, Save Jobs USA v. DHS affirms zation from DHS to promulgate reg-
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the Supreme Court abolished the
long-standing Chevron doctrine, ___________________________________________________________________________________________________________________________________
which held that courts were required Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
to defer to the government agency’s Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Committee;
reasonable interpretation of an am- former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary Committee,
biguous statute. We have discussed Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member of Volunteers
Loper Bright at length in a previous for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board of Trustees
blog. In footnote 2 in Save Jobs USA of the American Immigration Council and former chair of the Committee on Immigration and Nationality Law of the New York
You can click www.indialife.tv
v. DHS, the DC Circuit stated that City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including on ethics, and is also an
“Washtech did not depend on Chev- adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta received
ron” because Washtech had applied the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011 Michael
Chevron as a “counter-factual, fall- Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the immigration field. He has also
back argument”, but this did not received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded lawyers
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alter Washtech’s holding that INA in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and Chambers
214(a)(1) and INA 101(a)(3) were Global 2019 in immigration law, among other rankings.

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