The American Immigration Council, a non-profit organization advocating for immigrants rights in the United States, has been fighting for fair visa processing. It is representing two employers who are facing arbitrary denials on H-1B visa petitions. Since May, 2019, the American Immigration Council has sued the U.S. Citizenship and Immigration Services (USCIS) and Director Cissna for unlawful denials of H-1B petitions with a change of status to H-1B.
It is argued that both positions that were denied, Market Research Analyst and Web Developer, meet one or more of the criteria to determine specialty occupation and that the USCIS has disregarded substantial evidence.
With the assistance of the American Immigration Council, a U.S. employer is challenging USCIS’ “not a specialty occupation” denial on an H-1B petition. A specialty occupation requires the application of a body of specialized knowledge and a bachelor’s degree or higher in that specialty. The H-1B employer provides performance related services to law firms and requires a highly educated and skilled foreign national to work as a Process Analyst in the Market Research Analyst occupation.
By denying the petition, the USCIS disregarded the need for higher education and specialized knowledge due to the specialized nature and complexity of the job duties.
The H-1B employer performs web development, design, and marketing; serving the financial services industry. The employer sought out an H-1B employee to work as a software web developer. This position requires a highly educated and skilled worker due to the complexities and specialized nature of the job duties. The USCIS denial exemplified the disregard for these needs.
There is an increasing number of immigration attorneys filing lawsuits against USCIS, challenging these unlawful denials and standing up for a fair adjudication process.