A California federal court granted class certification to businesses accusing the US government of unlawfully rejecting market research analysts’ H-1B visa petitions, certifying a nationwide class of employers who say US Citizenship and Immigration Services systematically misreads the US Department of Labor’s definition of a market research analyst to mean that the position doesn’t qualify as a specialty occupation. Due to the pendency of a newly announced USCIS interim final rule narrowing the definition of a “specialty occupation” when evaluating H-1B visa applications to those with narrowed degree requirements, U.S. Magistrate Judge Susan van Keulen limited to companies that file visa petitions between January 1, 2019, and December 6, 2020, as the rule is slated to take effect December 7, 2020. If the interim final rule, which is the subject of several lawsuits, is enjoined, plaintiffs have indicated they intend to request expansion of the class to encompass petitions filed as of December 7.
The class action represents the latest challenge to attempts by USCIS to narrow the definition of specialty occupation to exclude blanket occupations, where, as in the case of market research analysts, the government indicates that a degree in a narrow subspecialty is not “normally” required by employers.
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