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 >>
Helping Injured Victims in New York and New Jersey Since 2004
CONSTRUCTION WORKER FALLS ON HEAD FROM SCISSOR LIFT
PASSENGER STRUCK BY MTA BUS DOOR
MTA BUS ACCIDENT RESULTS IN LEG FRACTURE
PASSENGER INJURED IN VEHICLE
PEDESTRIAN HIT BY CAR
FAILURE TO PROPERLY MONITOR PATIENT DURING PROCEDURE
TRIP & FALL ACCIDENT DUE TO CITY NEGLIGENCE
PEDESTRIAN STRUCK BY BUS
PEDESTRIAN STRUCK BY FORKLIFT
REAR-END ACCIDENT RESULTS IN KNEE SURGERY
SINGLE CAR ACCIDENT DUE TO OPEN MANHOLE
REAR-END CAR ACCIDENT
CONSTRUCTION WORKER SCAFFOLD FALL
"The last of our 3 kids had his citizenship ceremony yesterday - we are pleased to report that we will have 3 voters at the coming election. We want to thank you and your crew for what has been a simple process for us. Very efficient, professional and easy in every way. Many thanks, -Gelhard, M. I really appreciate your dedication to customer service and will definitely be doing business with you for any of my future needs. Thanks again!" - Lopez, P
"Thanks so much for all your help it was really appreciated." - Carline and Varnel
"Mr. Pollack and Staff, You were there when we needed the most. Thank you very much!" - Alte, M.
"Thank you for your dedication on my case. I really appreciate every moment spent bringing this case to a financial result. " - Amy