Yesterday, the denial of an H-1B Visa for a market research analyst working with a Boston commercial real estate developer was reversed in federal court. Judge Rya W. Zobel of the U.S. District Court for the District of Massachusetts held that USCIS’ decision to deny the petition “constitute[d] an abuse of discretion.” Drew Co. v. Wolf, 2021 BL 2774, D. Mass., No. 19-11338-RWZ.
“In addition to a degree in Economics, Political Economy, Business or International Trade, the position required ‘prior knowledge of the Eastern European economic environment.’ These requirements collectively are sufficient to show that a bachelor’s degree or higher in a [specific specialty] or its equivalent was necessary for the job,” Judge Zobel ruled. In other words, Judge Zobel found the position sufficiently satisfies the criteria of a specialty occupation and that the denial by USCIS was in error.
This is the latest development on an issue which has been heavily disputed in court since April 2020, when four companies sued USCIS over their denials for the position of market research analysts alleging a systematic pattern and practice of denial. In that case, U.S. Magistrate Judge Susan Van Keulen for the U.S. District Court for the Northern District of California denied USCIS’s motion to dismiss and found that the plaintiffs’ claims of a systemic pattern of events for the market research analyst role resulted in H-1B denials that are “sufficiently related to constitute a common transaction or occurrence.” Madkudu Inc. v. U.S. Citizenship and Immigration Services, N.D. Cal., No. 20-cv-02653. On that basis, Judge Van Keulen later certified all affected parties as a class, rejecting USCIS’ argument that all H-1Bs are individually considered. This is a positive development in immigration law, as the courts become willing to recognize that USCIS is engaging in clear patterns of adjudicating petitions in a manner that is inconsistent with the relevant statutory and regulatory provisions. By certifying affected parties as a class, it will allow anyone affected to receive relief in a single lawsuit, rather than having to fight each case individually.
The class certified by Judge Van Keulen is limited to any U.S. employer who filed an H-1B petition for a market research analyst position (SOC code 13-1161) between January 1, 2019 and December 6, 2020, which has been or will be denied. If you or your company have been denied an H-1B visa for a market research analyst role and believe you are eligible for relief, please contact ILBSG today for information and guidance on how to join in the class action.
We remain dedicated to putting our expertise in this ever changing area of law to work for you and will keep our clients up to date on any new developments.
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