-13- Case 1:13-cv-00323-MAC-ZJH Document 158 Filed 10/17/14 Page 13 of 17 PageID #: 3703 Yet, in the David case, Plaintiffs’ expert there, Mr. Cyrus D. Mehta stated in his report, The filing of a permanent residency application can jeopardize an applicant's ability to obtain an H'-2B visa, although the "mere desire ... to obtain permanent residence in the future does not, by itself, automatically disqualify an alien from admission as a nonimmigrant." See Matter of Hosseinpour, 15 I&N Dec. 191, 192 (BIA 1975). [I]t is clear that an H-2B extension cannot be approved by the United States Citizenship and Immigration Services ("USCIS"), the federal agency charged with adjudicating visa petitions, if a permanent labor certification has been approved or if a permanent resident employment preference petition has been filed by the same employer.