Legal Blog
U.S. Businesses Push Back Against USCIS H-1B Petition Denials
The demand for educated workers disproportionately exceeds the number of qualified workers in the U.S. To help relieve this disparity, Congress enacted the H-1B visa category for employers to hire temporary foreign workers in a “specialty occupation.” This specialty occupation requires the application of a body of specialized knowledge and a bachelor’s degree or higher (or its equivalent in work experience). It is also required that the degree be in the specific specialty of the occupation.
The U.S. Citizenship and Immigration Services (USCIS), has increasingly denied H-1B visa petitions. This is happening to employers whose petitions had met those requirements previously and had their petitions approved. The American Immigration Council, a nonprofit that helps to shape a fair approach to immigration through research, policy analysis and litigation ,[1] has decided to push back and fight for fair H-1B adjudications. It is representing an employer in the case, Entegris Professional Solutions v. United States Citizenship an d Immigration Services, et al.[2] American Immigration Lawyers Association (AILA) members, Debra A. Schneider and colleague Matthew Webster of Fedrickson & Byron, P.A., have teamed up with the American Immigration Council to assist on this case. They have filed a lawsuit on behalf of Entegris Professional Solutions, Inc. (EPS) against the USCIS in December 2018.
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The American Immigration Council encourages that business immigration attorneys challenge the USCIS’ hardened approach to H-1B adjudications by filing law suits on unlawful denials.
[1] http://americanimmigrationcouncil.org/litigation/more-us-businesses-are-challenging-uscis-h-1b-petition-denials
[2]http://americanimmigrationcouncil.org/sites/default/files/litigation_documents/entegris_professional_solutions_v_uscis_thumbnail_complaint.pdf