“This ruling is an important victory because we can now ask the court to take action, in a single lawsuit, that will benefit hundreds of US companies and the market research analysts they sought to employ, “said Leslie K. Dellon, lawyer (business immigration) at the American Immigration Council. “Research shows that H-1B workers complement American workers, fill employment gaps in many occupations and expand employment opportunities for all,” she added.
TOI, in its May 19 edition, covered the lawsuit filed by two US companies, MadKudu Inc and Quick Fitting Inc, on behalf of themselves and all similarly placed US employers.
The H-1B visa allows U.S. employers to file visa applications for foreign professionals to work in “ specialist professions ” that require at least a bachelor’s degree or its equivalent in a specific specialty.
This lawsuit brought in a United States District Court (Northern District of California) by the American Immigration Council, the American Immigration Lawyers Association (AILA) and the three law firms Van Der Hout, Joseph & Hall and Kuck Baxter Immigration, sought to curb the illegal arbitration practice adopted by USCIS to determine whether a job as a market research analyst qualifies as a “specialized profession.” The lawsuit highlighted the agency’s misinterpretation of the career outlook manual, which features hundreds of occupations in the local labor market.
“While this victory opens an opportunity for the whole class, I want to recognize and celebrate the courage of the named plaintiffs, and now the representatives of the class, to come forward on behalf of those who are also wronged,” said Jesse Bless, director of federal litigation at AILA.
“We hope that a new administration will bring a more sensible commercial immigration policy to USCIS decisions. When you have to advocate as to whether a single degree can lead to a variety of skilled occupations, you know the government is just trying to turn cases down, ”said Jeff Joseph, senior partner and director of corporate and corporate immigration. employer compliance. at Joseph & Hall.
“We are delighted that the court holds 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.