UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA INFO LABS INC., : : Plaintiff, : Civil Action No.: 19-684 (RC) : v. : Re Document No.: 11, 12 : UNITED STATES CITIZENSHIP AND : IMMIGRATION SERVICES, et al., : : Defendants. : MEMORANDUM OPINION GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS’ CROSS-MOTION FOR SUMMARY JUDGMENT Thanks to 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, 8 U.S.C. § 1101(a)(15)(H)(i)(b). Plaintiff Info Labs Inc. (“Info Labs”) filed a H-1B petition on behalf of its intended beneficiary, Mr. Dinesh Kumar Tatavarthi, so that he could 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 Info Labs failed to establish that the position qualified as a “specialty occupation” under the INA and associated regulations. Info Labs then sued USCIS and various officials under the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701 et seq., arguing that the agency’s denial was arbitrary and/or capricious. Currently pending before the Court are the parties’ cross-motions for summary judgment. For the reasons explained below, the Court grants Plaintiff’s motion, denies Defendants’, and remands to the agency for further consideration. I. BACKGROUND A. Legal Framework Under the INA, employers can 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). The applicable regulations provide more specific criteria (or prerequisites) as to what qualifies: To qualify as a specialty occupation, the position must meet one of the following criteria: (1) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals