Reopening of H-1B Petitions for Market Research Analysts Positions
2 min read
Market research professionals whose H-1B petitions were denied between 1st January 2019, and 19th October 2021, might have the option to reopen their cases now, under a settlement agreement in the federal case of MadKudu Inc., et al. v. U.S. Citizenship and Immigration Services, et al., No. 20-cv-2653 (N.D. Cal.)
As per this agreement, USCIS has agreed to allow class members in the federal case to file motions to reopen their denied H-1B petitions.
Who may file a motion to reopen? | H-1B Petitions
Class members who are eligible to submit a motion to reopen their denied H-1B petitions should meet the following criteria:
- They must have filed an H-1B Petition between 1st Jan 2019 and 19th Oct 2021, for a market research analyst.
- USCIS denied the petition based on a finding that the Occupational Outlook Handbook (OOH) entry for a market research analyst didn’t set up that a degree is normally the minimum requirement for entering the occupation.
- The H-1B petition would have been approved however for this finding.
- There is still time left in the period indicated in the certified Labor Condition Application (LCA) originally submitted with the underlying Form I-129.
How to file a motion to reopen the denial?
Eligible parties might file a motion to reopen a denied H-1B petition by filing Form I-290B with USCIS with proper supporting documents on or before 26th April 2022. There is no filing expense needed for this motion.
The filing addresses are as per the following:
USPS Addresses
USCIS Nebraska Service Center
Attn: Madkudu Project
P.O. Box 87129
Lincoln, NE 68701
FedEx, UPS, and DHL Deliveries
USCIS Nebraska Service Center
Attn: Madkudu Project
850 ‘S’ Street
Lincoln, NE 68508
[Major victory for H-1B employers as USCIS qualifies market research analyst as a specialty occupation]
Significant documentary proof is required to support the motion to reopen. Candidates should give proof to prove that they are class members, that their H-1B petitions for market research analyst positions were denied solely because of a finding down that these positions are not specialty occupations, that the job offer is still valid, and they are otherwise eligible for reopening.
Conclusion
USCIS expressed that it will decide on all eligible, time-filed reopening requests within 90 days of receipt. Further, USCIS will try to prioritize cases with LCAs expiring less than 90 days after Form I-290B filed with USCIS.
This is an excellent chance for candidates to reopen their denied H-1B petitions. It is not a trivial request. Interested parties should work with their immigration lawyers to file a legally sufficient motion to increase the chances for approval.
