The know-how corporations rely on the H-1B visa to rent tens of hundreds of workers every year from international locations like India and China.
A federal choose has granted class certification in a lawsuit difficult the alleged sample and follow of the US Citizenship and Immigration Services arbitrarily denying H-1B non-immigrant employment-based petitions for market analysis analyst positions filed by companies on this nation.
The H-1B visa is a non-immigrant visa that enables US corporations to make use of international employees in specialty occupations that require theoretical or technical experience. The know-how corporations rely on it to rent tens of hundreds of workers every year from international locations like India and China.
The lawsuit — filed in federal courtroom within the Northern District of California by the American Immigration Council, the American Immigration Lawyers Association, together with regulation companies Van Der Hout LLP, Joseph & Hall PC, and Kuck Baxter Immigration LLC — seeks to rein within the illegal adjudication follow the US Citizenship and Immigration Services (USCIS) makes use of in figuring out whether or not a market analysis analyst job qualifies as a specialty occupation.
The lawsuit additionally factors to the company’s misinterpretation of the Occupational Outlook Handbook — a publication of the US Department of Labor’s Bureau of Labor Statistics that profiles a whole lot of occupations within the United States’ job market, in response to an announcement.
“The H-1B visa category allows employers to petition for highly educated foreign professionals to work in specialty occupations that require at least a bachelor’s degree or the equivalent in a specific specialty. US employers seeking highly educated foreign professionals submit their petitions to USCIS,” it stated on Thursday.
“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,” stated Leslie Okay. Dellon, workers lawyer (enterprise immigration) on the American Immigration Council.
“Research shows that H-1B workers complement US workers, fill employment gaps in many occupations, and expand job opportunities for all,” Dellon stated.
“While this victory opens an opportunity for the entire class, I want to recognise and celebrate the courage of the named plaintiffs, and now class representatives, for stepping forward on behalf of those similarly aggrieved,” stated Jesse Bless, director of federal litigation on the American Immigration Lawyers Association.
“We are hoping that a new administration brings more sensible business immigration policy to USCIS adjudications,” stated Jeff Joseph, senior accomplice and director of company immigration and employer compliance at Joseph & Hall P C.
“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,” Mr. Joseph stated.
We are delighted that the courtroom is holding USCIS accountable in the way it adjudicates these H-1B visas. Hopefully, USCIS will be taught the lesson the courtroom is instructing it right here — comply with your personal legal guidelines and laws, stated Charles H. Kuck, managing accomplice at Kuck Baxter Immigration LLC.