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H-1B lawsuit relating to market analysts can now move forward as class action suit – Times of India


MUMBAI: A US federal choose has granted class certification to a lawsuit difficult US Citizenship and Immigration Services’ (USCIS) sample and apply of arbitrarily denying H-1B applications filed for market research analyst positions by US primarily based sponsoring employers.
“This ruling is an important victory as we can now ask the court to take action, in a single lawsuit, that will benefit hundreds of American businesses and the market research analysts they sought to employ,” mentioned Leslie Okay. Dellon, workers legal professional (enterprise immigration) on the American Immigration Council. “Research shows that H-1B workers complement U.S. workers, fill employment gaps in many occupations, and expand job opportunities for all,” she added.
TOI in its version of May 19, had coated the lawsuit filed by two US firms, MadKudu Inc and Quick Fitting Inc, on behalf of themselves and all US employers who’re equally positioned.

The H-1B visa permits US employers to file visa purposes for overseas professionals to work in ‘speciality occupations’ that require at the very least a bachelors’ diploma or its equal in a selected speciality.
This lawsuit filed in a US district courtroom (Northern District of California) by the American Immigration Council, the American Immigration Lawyers Association (AILA), and the three legislation companies of Van Der Hout, Joseph & Hall and Kuck Baxter Immigration, sought to rein within the illegal adjudication apply adopted by USCIS figuring out whether or not a market analysis analyst job qualifies as a ‘specialty occupation’. The lawsuit pointed on the company’s misinterpretation of the Occupational Outlook Handbook, that profiles lots of of occupations within the native job market.
“While this victory opens a possibility for the complete class, I wish to acknowledge and rejoice the braveness of the named plaintiffs, and now class representatives, for stepping ahead on behalf of these equally aggrieved,” mentioned Jesse Bless, director of federal litigation at AILA.
“We are hoping that a new administration brings more sensible business immigration policy to USCIS adjudications. When you have to litigate about whether only one particular degree can lead to a variety of professional specialty occupations, you know that the government is just reaching for reasons to deny cases,” mentioned Jeff Joseph, senior associate and director of company immigration and employer compliance at Joseph & Hall.
“We are delighted that the court is holding USCIS accountable in 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,” mentioned Charles H. Kuck, managing associate at Kuck Baxter Immigration.

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