It is well known among many of out immigration clients that during the Trump Administration, H-1B Petitions were being denied and held up by inconsistent and unwarranted RFE’s. A strategy to handle this kind of federal obstruction is to litigate the new rule changes or actions by the Federal Agencies in Federal court. In an unsurprising move, ” The federal district court in the Northern District of California approved a settlement in a class action lawsuit challenging U.S. Citizenship and Immigration Services’ pattern and practice of arbitrarily denying H-1B nonimmigrant employment-based petitions for market research analyst positions filed by businesses in the United States.”
The case in question “MadKudu Inc., et al. v. USCIS, et al.,” corrects the agency’s misinterpretation of the Occupational Outlook Handbook. Based on its prior interpretation of the handbook, USCIS wrongly held that market research analysts did not qualify as a “specialty occupation.” The settlement agreement changes this agency error.
In a statement, Charles H. Kuck, managing partner at Kuck Baxter Immigration LLC, said,
“It is unfortunate that the only way for USCIS to follow the law and do the right thing is to bring litigation. But, know this—we will be watching for USCIS compliance with this decision, and we will be prepared to pursue litigation for other interpretive violations of written law and regulation that the agency has permitted to occur”.
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