UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA VISION BUILDERS, LLC, Plaintiff, v. Civil Action No. 19-3159 (TJK) UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, Defendant. MEMORANDUM OPINION Vision Builders is a design services firm seeking to hire a Vice President of Strategic Planning from outside the United States on an H-1B visa. By statute, such visas are reserved for “specialty occupations,” which require “theoretical and practical application of a body of highly specialized knowledge” and “attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent).” 8 U.S.C. § 1184(i)(1). USCIS found that Vision Builders had not shown that the proposed role is a specialty occupation and denied the petition for an H-1B visa, so Vision Builders sued under the Administrative Procedure Act. Vision Builders now moves for summary judgment, arguing that USCIS misinterpreted the regulatory standard for specialty occupations and abused its discretion in finding that Vision Builders did not meet its burden. USCIS cross-moved for summary judgment, maintaining that the statutory text compels its interpretation of the specialty-occupation regulation and that it reasonably found that Vision Builders had not shown that its VP role requires a specialized bachelor’s or its equivalent related to the position. For the reasons explained below, USCIS did not err in rejecting the H-1B petition, and the Court will grant it summary judgment. Background A. Regulatory Background The Immigration and Nationality Act (INA) permits employers to petition for “H-1B” nonimmigrant visas on behalf of alien beneficiaries. 8 U.S.C. § 1184(c)(1). To obtain an H-1B visa, the employer bears the burden of showing U.S. Citizenship and Immigration Services (USCIS), which “makes the determination under the INA on whether to grant visa petitions,” 20 C.F.R. § 655.715, that the proposed role is a “specialty occupation” and that the beneficiary meets the role’s requirements, see 8 U.S.C. § 1361.1 “[T]he term ‘specialty occupation’ means an occupation 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 regulation, expanding on that language, further states that a specialty occupation requires (A) “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”; and (B) “the attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent.” 8 C.F.R. § 214.2(h)(4)(ii). The position must also satisfy one of these 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 1 Because USCIS found that Vision Builders had not met its burden to show that its Vice ...
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