UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA TAYLOR MADE SOFTWARE, INC., : : Plaintiff, : Civil Action No.: 19-202 (RC) : v. : Re Document Nos.: 9, 10 : KENNETH T. CUCCINELLI, Senior Official : Performing the Duties of the Director, : United States Citizen and Immigration : Services, 1 : : Defendant. : MEMORANDUM OPINION GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT Under the H-1B program, non-citizens can temporarily work in the United States if they are sponsored by an employer in a “specialty occupation.” Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101(a)(15)(H)(i)(b). Plaintiff Taylor Made Software, Inc. (“Taylor Made”) filed a H-1B petition on behalf of its intended beneficiary, Mr. Venkatesan Kannan, who planned to work for the company as a computer systems analyst. The petition was denied by the United States Citizenship and Immigration Services (“USCIS”) on grounds that Taylor Made failed to establish that the position was a “specialty occupation” under the INA and associated regulations. Invoking the judicial review procedures of the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701 et seq., Taylor Made sued the USCIS Director, contending that the agency’s decision was arbitrary and/or capricious. Currently pending before the Court are the 1 Mr. Kenneth T. Cuccinelli is automatically substituted for Former Director L. Francis Cissna. See Fed. R. Civ. P. 25(d). parties’ cross-motions for summary judgment. For the reasons explained below, the Court grants Plaintiff’s motion, denies Defendant’s, and remands to the agency for further consideration. I. BACKGROUND A. Legal Framework The INA empowers employers to petition for H-1B nonimmigrant visas on behalf of alien beneficiaries. 8 U.S.C. § 1184(c)(1). To secure a H-1B visa, an employer first submits to the Department of Labor (“DOL”) a Labor Condition Application (“LCA”), which identifies the specialty occupation at issue and certifies that the company will comply with the requirements of the H-1B program. 8 U.S.C. § 1182(n)(1). Then, once the DOL has certified the LCA, the employer submits it (together with a Form I-129 petition) to USCIS. 8 C.F.R. § 214.2(h)(4)(i)(B). USCIS ultimately determines whether a position counts as a specialty occupation, see 20 C.F.R. § 655.715, and the employer bears the burden of convincing the agency that the position so qualifies and the applicant is otherwise eligible for a visa, see 8 U.S.C. § 1361 (“Whenever any person makes application for a visa or any other document required for entry, . . . the burden of proof shall be upon such person to establish that he is eligible to receive such visa.”). For the purposes of the H-1B program, the INA defines a “specialty occupation” as one that requires “(A) theoretical and practical application of a body of highly specialized knowledge, and (B) attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.” 8 U.S.C. § 1184(i)(1). In line with that statutory definition, the applicable regulations define a ...
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