UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA VEENASA THATIKONDA, et al., : : Plaintiffs, : Civil Action No.: 19-685 (RC) : v. : Re Document Nos.: 15, 16 : UNITED STATES CITIZEN AND, : IMMIGRATION SERVICES, et al., : : Defendants. : MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION I. INTRODUCTION This case concerns two H-1B petitions filed by Plaintiff Synergy Technologies LLC (“Synergy”) on behalf of two beneficiaries, fellow Plaintiffs Veenasa Thatikonda and Premkumar Venkatraman. After the petitions were denied by the Defendant, United States Citizen and Immigration Services (“USCIS”), Plaintiffs sued in this Court, arguing that the agency’s decisions violated the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701 et seq. While this case was pending, USCIS reopened both petitions, approved Ms. Thatikonda’s, and re-denied Mr. Venkatraman’s. Currently pending before the Court is Plaintiffs’ motion for a preliminary injunction, which primarily seeks reconsideration of Mr. Venkatraman’s petition and approval of Ms. Thatikonda’s (the motion was filed shortly before USCIS approved her petition). For the reasons explained more fully below, the Court finds the motion moot as to Ms. Thatikonda’s petition. As to Mr. Venkatraman’s, the Court grants the motion in part and denies it in part. II. BACKGROUND A. Legal Framework 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). 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 specialty occupation as one that “requires the attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent,” plus “theoretical and practical application of a body of highly specialized knowledge in fields of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.” 8 C.F.R. § 214.2(h)(4)(ii) (“Definitions”). The next subparagraph in the regulations provides 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 the particular position; (2) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree; (3) The employer normally requires a degree or its equivalent for the position; or (4) The nature of the specific duties are ...
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