Soo Kwak v. Loretta E. Lynch

MEMORANDUM

Soo Han Kwak and Eun Young Shim Kwak, natives and citizens of South Korea, petition for review of. the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“LJ”) denial of their application for adjustment of status pursuant to the Immigration and Nationality Act (“INA”), 8 U.S.C. §§ 1154 (j) and 1255(a). We have jurisdiction under 8 U.S.C. § 1252 .

The BIA adopted and affirmed the IJ’s denial of Kwak’s claim on the basis that the IJ correctly concluded that Kwak’s approved 1-360 visa petition was not portable under section 1154(j) of the INA. Where, as here, the BIA adopts and affirms the IJ’s decision, we review both decisions. Ling Huang v. Holder, 744 F.3d 1149, 1152 (9th Cir. 2014).

In order to provide “Q]ob flexibility for long delayed applicants for adjustment of status to permanent residence,” the INA’s portability provision provides:

8 U.S.C. § 11540 ).

Subsection (a)(1)(F) allows “[a]ny employer desiring and intending to employ ... an alien entitled to classification under section 1153(b)(1)(B) [outstanding professors and researchers], 1153(b)(1)(C) [multinational executives and managers], 1153(b)(2) [those with advanced…