American Association of University Professors v. Department of Homeland Security
Overview
Overview
The American Association of University Professors sued the Department of Homeland Security over the new Gold Card program that treats a payment of at least $1 million by an individual, or $2 million by a corporation on behalf of an individual, to the Commerce Department as evidence of eligibility for EB-1A and EB-2 visas.
The Issue
Issue
Whether the Department of Homeland Security exceeded its statutory authority by establishing a Gold Card visa program that permits EB-1A and EB-2 eligibility through monetary payment to the Commerce Department, bypassing congressionally mandated criteria.
The Rules
Rule
Under the Immigration and Nationality Act, employment-based visa categories require applicants to satisfy specific statutory criteria (EB-1A: extraordinary ability; EB-2: advanced degree or exceptional ability), and immigration agencies may not create regulatory alternatives that circumvent these requirements without congressional authorization.
The Application
Analysis
The Gold Card program substitutes a $1 million individual or $2 million corporate payment for the statutory qualifications required for EB-1A and EB-2 visas. The AAUP challenges whether this payment-based pathway violates the INA by allowing DHS to redefine visa eligibility through executive action rather than through demonstration of the requisite professional qualifications.
The Conclusion
Conclusion
The case is pending in the D.C. District Court before Judge Richard J. Leon; no ruling has been issued on the merits of the AAUP's challenge.
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