Sodipo

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

Re: Dkt. No.

Plaintiff Abiodun Sodipo, a Nigerian citizen who resides in the United States, appeals from a decision by the United States Citizenship and Immigration Services (“USCIS”) denying his petition for an immigrant visa based on employment. A petitioner seeking an employment-based immigrant visa under 8 U.S.C. § 1153 (b)(2)(A), as Sodipo does, typically must have a job offer in hand from an employer in the U.S., as well as a “labor certification” from the Department of Labor stating that workers already in the United States are not available to do the job and will not be adversely affected if the visa is granted. See 8 U.S.C. § 1153 (b)(2);' 8 U.S.C. § 1182 (a)(5)(A)®; 8 C.F.R. 204.5(k)(4)(i). Sodipo has neither a job offer nor a labor certification, but contends that he is entitled to a waiver from these requirements under 8 U.S.C. § 1153 (b)(2)(B)®, which allows dispensing with these prerequisites when doing so would be in the national interest. The defendants — USCIS and the chief of its Administrative Appeals Office (“AAO”)— move for summary judgment on all of the counts in Sodipo’s complaint. The Court grants the…