UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CENTRA MEDICAL GROUP, LLC, ) Plaintiff, v. ) Civil Case No. 20-2374 (RJL) U.S. CITIZENSHIP AND ) IMMIGRATION SERVICES, et al., ) Defendants, MEMORANDUM OPINION (March 24 2022) [Dkts. #14, 21] Plaintiff Centra Medical Group, LLC (“Centra” or “petitioner”), a healthcare provider, challenges under the Administrative Procedure Act (“APA”), 5 U.S.C. § 701 et seq., the partial denial of its I-129 petition for an H-1B nonimmigrant visa on behalf of Dr. Sesha Krishna Kotapati (“Dr. Kotapati” or “beneficiary”). Although U.S. Citizenship and Immigration Services and its Director (collectively, “defendants” or “USCIS”) approved Dr. Kotapati for the H-1B classification, they denied the change-of-status request— requiring Dr. Kotapati to travel outside the United States to change his status from J-2 to H-1B and to obtain his visa. After petitioner filed its Complaint (“Compl.”) [Dkt. #1], Dr. Kotapati traveled abroad, obtained an H-1B visa, and reentered the United States as an H- 1B nonimmigrant. Because Centra’s challenge to the denial of the change-of-status portion of its petition 1s moot and Centra lacks standing to challenge the underlying policy, defendants’ Motion to Dismiss [Dkt. #21] is hereby GRANTED and the parties’ cross- motions for summary judgment [Dkts. # 14, 21] are hereby DENIED as moot. 1 BACKGROUND A. Legal Background Under the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 et seq., certain foreign medical graduates and specialty workers—and their dependent spouses and children—are eligible for nonimmigrant classification. Several classifications are relevant to plaintiffs claims. First, the J-1 nonimmigrant visa classification is available to certain aliens “coming to the United States to participate in a program under which he will receive graduate medical education or training.” 8 U.S.C. § 1101(a)(15)(J); see also id. § 1182(j). Those admitted as J-1 nonimmigrants must satisfy a two-year “foreign residency requirement” (“FRR”)—which obligates J-1 holders to “reside[] and be[] physically present in the country of [their] nationality or ... last residence for an aggregate of at least two years following departure from the United States”—before they are eligible to apply for a subsequent visa or status. Jd. § 1182(e). A waiver of the FRR is available to J-1 nonimmigrants who “agree[] to practice primary care or specialty medicine” for at least three years in geographic areas that have a shortage of health-care professionals. Id. § 1184(1)(1)(D)._ If the alien fails to fulfill the 3-year employment contract, the waiver no longer applies and he must satisfy the FRR. /d. § 1184(1)(3). Second, aliens (and minor children) may qualify as J-2 dependents of their J-1 nonimmigrant spouses (and parents). See 8 U.S.C. § 1101(a)(15)); 8 CFR. § 214.1(a)(1)(iv). J-2 dependents whose spouses are subject to the FRR are also subject to that requirement. 8 C.F.R. § 212.7(c)(4). “A spouse or child may not be admitted for 2 longer than the principal exchange visitor.” Jd. § 214.2()(1)(i). Third, the H-1B classification is available to “an alien ... who is coming temporarily to the United States to perform services... in a speciale …
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