In a pair of decisions from the Eastern District of Michigan, Sunshine Rehab Services v. Napolitano, 2010 WL 3325442, No. 09-13605 (E.D. Mich. Aug. 20, 2010), and Tisco Group v. Napolitano, 2010 WL 3464314, No. 09-10072 (E.D. Mich. Aug. 30, 2010), the courts were presented with challenges to denials of I-140 petitions filed for an EB3 professional (Sunshine) and an EB2 advanced degree professional (Tisco).
In both cases, the USCIS denied the I-140 petitions because the foreign degrees were not equivalent to either a four year U.S. bachelor's degree (Sunshine) or a U.S. master's degree (Tisco). The district courts deferred to the USCIS interpretation and application of the regulations and statute and reliance on the EDGE database. Judge Rosen in Sunshine expressed his belief that the USCIS got it wrong but was constrained by the deferential standard of review.
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