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Federal Judges Rule USCIS Unlawfully Denied H-1B Petitions

In three new court cases, federal judges have decided that U.S. Citizenship and Immigration Services (USCIS) unlawfully denied H-1B petitions for foreign-born professionals. The decisions, which all involve USCIS improperly limiting the definition of a specialty occupation, may bring greater certainty to employers and potential visa holders during uncertain economic times.

Under the Trump administration, a major reason denial rates for H-1B petitions have skyrocketed is USCIS instructed adjudicators via memo to adopt a new, narrow interpretation of what qualifies as an H-1B “specialty occupation.” The USCIS memo said, in effect, unless the Department of Labor (DOL) Occupational Outlook Handbook states that everyone who holds a particular job has a bachelor’s degree, perhaps even a bachelor’s degree in a specific specialty, USCIS adjudicators should deny the H-1B petition on the grounds the position does not qualify as a specialty occupation.

Fortunately, these recent judicial decisions should bring greater certainty that USCIS adjudicators will follow the law when deciding on H-1B petitions.

Source: Forbes READ MORE >>

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