The owner of Tinian Dynasty Hotel and Casino filed yesterday a lawsuit against U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security secretary Jeh Johnson, and USCIS director Leon Rodriguez over the denial of its petitions for Commonwealth-only worker permit (CW-1) extension and transfer for its foreign workers. <\/p>\n
According to Hong Kong Entertainment (Overseas) Investments Ltd., owner of Tinian Dynasty, the final USCIS Administrative Appeals Office\u2019s adverse agency decision affirming that the company is not engaged in a legitimate business for CW purposes affects more than three quarters of Tinian Dynasty\u2019s employees.<\/p>\n
HKE counsel George Anthony Long said the company is harmed by the agency decision as it materially affects its ability to maintain and continue its business operations.<\/p>\n
HKE asked the U.S. District Court for the NMI to declare that the company is a legitimate employer for purposes of the CW program.<\/p>\n
HKE requested the court to set aside each decision of the USCIS Administrative Appeals Office affirming the denial of the company\u2019s CW petitions and dismissing each administrative appeal.<\/p>\n
The plaintiff asked the court to remand all HKE petitions to the USCIS Administrative Appeals Office for instructions to process the company\u2019s CW-1 petitions in accordance with the court\u2019s order.<\/p>\n
Long stated in the complaint that HKE timely submitted its CW-1 extension petitions and CW-1 transfer to USCIS for approval.<\/p>\n
By letter dated Dec. 9, 2014, USCIS denied virtually all of HKE\u2019s pending CW-1 petitions.<\/p>\n
Long said other petitions were denied by letters issued in February 2015 and April 2015.<\/p>\n
Long said all of the denials were based primarily on grounds that HKE was not engaged in a legitimate business for CW purposes.<\/p>\n
HKE appealed the denials to the USCIS Administrative Appeals Office.<\/p>\n
Long said the USCIS Administrative Appeals Office affirmed that HKE is not engaged in a legitimate business for CW purposes and then dismissed each appeal.<\/p>\n
Long said the dismissal letters were dated Feb. 1, 2, and 3, 2016.<\/p>\n
The lawyer said the USCIS Administrative Appeals Office\u2019s determination is \u201carbitrary, capricious, and otherwise contrary to law.\u201d<\/p>\n
Long asserted that CW regulations relied upon by USCIS are inconsistent with and contrary to the express congressional intent set forth in the Consolidated Natural Resources Act (federalization law).<\/p>\n
Long said USCIS adopted and utilized a standard that applies only to HKE and will not apply to any other employer.<\/p>\n
The agency decision, he said, violates due process on grounds that USCIS relying on CW regulations that lack guidance or standards for evaluating whether a petitioner submitting an I-129 CW petition is engaged in a legitimate business.<\/p>\n
Long said the agency decision that HKE is not engaged in a legitimate business violates equal protection and is not supported by the substantial evidence of record.<\/p>\n","protected":false},"excerpt":{"rendered":"
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