“This ruling is an important victory as we can now ask the court to take action, in a single lawsuit, that will benefit hundreds of American companies and market research analysts looking to hire, ”said Leslie K. Dellon, staff attorney (business immigration) at the American Immigration Council. “Research shows that H-1B workers complement American workers, fill job gaps in many occupations and expand job opportunities for all,” he added.
TOI in its edition of May 19, had covered the lawsuit filed by two American companies, MadKudu Inc and Quick Fitting Inc, on behalf of themselves and all similarly positioned US employers.
the H-1B visa allows US employers to submit visa applications for foreign professionals to work in ‘specialty occupations’ that require at least a bachelor’s degree or its equivalent in a specific specialty.
This lawsuit filed in a U.S. district court (Northern District of California) by the American Immigration Council, the American Immigration Lawyers Association (AILA), and the three law firms of Van Der Hout, Joseph & Hall and Kuck Baxter Immigration, sought to curb the illegal adjudication practice adopted by USCIS to determine whether a market research analyst job qualifies as a ‘specialty occupation’. The lawsuit pointed to the misinterpretation of the the occupational outlook manual, which outlines hundreds of occupations in the local labor market.
“While this victory opens an opportunity for the entire class, I want to acknowledge and celebrate the courage of the named plaintiffs, and now class representatives, for stepping forward on behalf of those equally aggrieved,” said Jesse Bless, Principal of federal litigation in AILA.
“We hope that a new administration will bring a more sensible business immigration policy to USCIS awards. When you have to litigate whether just one particular title can lead to a variety of specialized professional occupations, you know that the government is only looking for reasons to deny cases, ”said Jeff Joseph, senior partner and director of corporate immigration and employer compliance. at Joseph & Hall.
“We are delighted that the court is holding USCIS accountable for how it adjudicates these H-1B visas. Hopefully, USCIS will learn the lesson the court is teaching it here: follow your own laws and regulations, ”said Charles H. Kuck, managing partner at Kuck Baxter Immigration.
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