UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA 3Q DIGITAL, INC. Plaintiff, Case No. 1:19-cv-579-RCL Vv. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, et ai., Defendants. MEMORANDUM OPINION On April 2, 2018, plaintiff 3Q Digital, Inc. (“3Q Digital”) submitted a petition to United States Citizenship and Immigration Services (“USCIS”) to classify Mr. Balaji Ullal Bhat as a temporary nonimmigrant worker under the H-1B visa program. On November 27, 2018, USCIS denied the petition. In March of 2019, 3Q Digital brought suit under the Administrative Procedure Act against defendants Kirstjen M. Nielson (in her official capacity as Secretary of Homeland Security), L. Francis Cissna (in his official capacity as Director of USCIS), Kathy A. Baran (in her official capacity as Director of the USCIS California Service Center), and USCIS. Plaintiff filed for summary judgment on June 28, 2019 (ECF No. 22), and defendants cross-filed for summary judgment on August 16, 2019 (ECF No. 25). Upon consideration of all motions, oppositions, and replies, the Court finds that defendants did abuse their discretion in denying plaintiffs petition. The Court will therefore GRANT Plaintiffs Motion for Summary Judgment and DENY Defendants’ Motion for Summary Judgment. BACKGROUND 3Q Digital describes itself as “a fully-integrated digital marketing agency that provides marketing services in Business-to-Business . . . and Business-to-Consumer . . . companies across a wide range of industries, as well as e-commerce businesses and lead-generation-oriented companies.” ECF No. 22 at 5. On April 12, 2018, 3Q Digital filed a FORM I-129 Petition for H- 1B Classification on behalf of Mr. Bhat. They sought to employ him as a Search Engine Marketing Account Manager. 3Q Digital stated that because the position requires the application of economics, marketing, and business principles, the Search Engine Marketing Account Manager would need a bachelor’s degree or higher in Economics, Marketing, Business, or another related field. 3Q Digital also submitted an ETA Form 9035, Labor Conditions Application (“LCA”), Certified by the Department of Labor. The LCA classified the offered position under the Standard Occupation Code 15-1199, Computer Occupations, All Other. They specified that the position in question is most closely related to the SOC 15-1199.10 sub-classification, covering Search Marketing Strategists-related occupations. Additionally, 3Q Digital submitted the Foreign Labor Certification Data Center wage source summary as well as the Occupational Information Network (“O*NET”) report, which outlined the skills, technological tools, work activities, knowledge, education, and training usually associated with Search Marketing Strategists-related positions. O*NET specifies that such a position requires considerable skill, knowledge, experience, training, and preparation. 3Q Digital’s petition also noted that Mr. Bhat received a Bachelor of Arts degree in Economics from the University of Massachusetts in 2017 and described the courses he took to prepare him for this type of work. On June 22, 2018, USCIS’ California Service Center issued a Request for Additional Evidence to prove that the offered position qualifies as a specialty occupation within the meaning of the applicable statute and federal regulation. 3Q Digital responded to this request, but USCIS still found that 3G Digital ...
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