Washington: In a big win for H-1B EmployerA federal court has approved a settlement under which the U.S. Citizenship and Immigration Services have agreed to qualify Market Research Analyst As a specialized occupation for the purposes of determining the H-1B visa application of a foreign professional.
Based on its earlier interpretation of the Occupational Outlook Handbook—the Department of Labor’s Department of Labor Statistics publication that outlined hundreds of occupations in the U.S. job market— USCIS It was determining that market research analysts did not qualify as a “specialty occupation”.
The settlement, approved by a federal district court in the Northern District of California, will now let companies request USCIS to reopen and decide on their declined H-1B petitions.
“This agreement is a significant victory that will benefit hundreds of American businesses and market research analysts,” said Leslie Kay Delon, senior attorney (business immigration) for the American Immigration Council.
“The settlement gives US businesses another chance to have their H-1B market research analyst petitions approved – this time under new guidance worked out by the parties to the lawsuit. Each H-1B petition was reopened and approved by the US. will represent another opportunity for employers and workers they sponsored to further their business objectives,” she said.
The class action lawsuit in this regard was filed by the American Immigration Council, the American Immigration Lawyers Association and law firms. Van Der Hout LLP, Berry Appleman & Leiden LLP (formerly Joseph & Hall PC), and Cook Baxter Immigration LLC.
Jeff Joseph, partner at Berry Appleman & Leiden LLP, said the settlement finally resolves an issue immigration lawyers have been grappling with the government for years.
“This agreement strikes the right balance between what the rules actually say and how employers evaluate a candidate’s professional qualifications in the real world. It is our sincere expectation that USCIS will now interpret other specialized occupations from the perspective that actually happens in the free market,” he said.
Based on its earlier interpretation of the Occupational Outlook Handbook—the Department of Labor’s Department of Labor Statistics publication that outlined hundreds of occupations in the U.S. job market— USCIS It was determining that market research analysts did not qualify as a “specialty occupation”.
The settlement, approved by a federal district court in the Northern District of California, will now let companies request USCIS to reopen and decide on their declined H-1B petitions.
“This agreement is a significant victory that will benefit hundreds of American businesses and market research analysts,” said Leslie Kay Delon, senior attorney (business immigration) for the American Immigration Council.
“The settlement gives US businesses another chance to have their H-1B market research analyst petitions approved – this time under new guidance worked out by the parties to the lawsuit. Each H-1B petition was reopened and approved by the US. will represent another opportunity for employers and workers they sponsored to further their business objectives,” she said.
The class action lawsuit in this regard was filed by the American Immigration Council, the American Immigration Lawyers Association and law firms. Van Der Hout LLP, Berry Appleman & Leiden LLP (formerly Joseph & Hall PC), and Cook Baxter Immigration LLC.
Jeff Joseph, partner at Berry Appleman & Leiden LLP, said the settlement finally resolves an issue immigration lawyers have been grappling with the government for years.
“This agreement strikes the right balance between what the rules actually say and how employers evaluate a candidate’s professional qualifications in the real world. It is our sincere expectation that USCIS will now interpret other specialized occupations from the perspective that actually happens in the free market,” he said.
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