A federal judge has allowed class certification in a lawsuit challenging the alleged pattern and practice of the US Citizenship and Immigration Services discretionarily denying H-1B non-immigrant employment-based petitions for market research analyst positions filed by businesses in this nation.
The H-1B visa is a non-immigrant visa that permits US organizations to utilize foreign workers in specialty occupations that require theoretical or technical expertise. Technology organizations rely upon it to recruit a huge number of employees every year from nations like India and China.
The claim — filed in federal court in the Northern District of California by the American Immigration Council. The AILA, alongside law offices Van Der Hout LLP, Joseph and Hall PC, and Kuck Baxter Immigration LLC. Looks to get control over the unlawful adjudication practice of the US Citizenship and Immigration Services (USCIS). It utilizes in determining whether a market research analyst job qualifies as a “specialty occupation.”
The claim also focuses on the agency’s misinterpretation of the Occupational Outlook Handbook. A publication of the US Department of Labor’s Bureau of Labor Statistics that profiles several occupations in the United States’ job market, according to a statement.
The H-1B visa category permits employers to petition for highly educated foreign professionals to work in “specialty occupations. That need at least a bachelor’s degree or the equivalent in a specific specialty. US employers looking for highly educated foreign professionals submit their petitions to USCIS, it said on Thursday.
H-1B Petitions for Market Research Analyst Positions
“This decision is an important victory as we would now be able to request the court to take action. In a single claim, that will profit several American businesses and the market research analysts they sought to employ,” said Leslie K. Dellon, staff attorney (business immigration) at the American Immigration Council.
Research shows that H-1B workers supplement US laborers, fill employment gaps in numerous occupations. Also, grow openings for work for all, Dellon said.
While this victory opens an opportunity for the entire class, I need to recognize and celebrate the courage of the named plaintiffs. And now class representatives, for stepping forward for the benefit of those similarly aggrieved. Said Jesse Bless, director of federal litigation at the American Immigration Lawyers Association.
We are trusting that a Biden administration brings a more reasonable business immigration policy to USCIS adjudications. Said Jeff Joseph, senior partner, and director of corporate immigration and employer compliance at Joseph & Hall P C.
When you need to litigate about whether just a single specific degree can lead to a variety of professional specialty occupations. Also, you realize that the government is just reaching for reasons to deny cases, Joseph said.
“We are enchanted that the court is holding USCIS responsible in how it adjudicates these H-1B visas. Hopefully, USCIS will become familiar with the exercise the court is teaching it here. Follow your own laws and guidelines,” said Charles H Kuck, managing partner at Kuck Baxter Immigration LLC.