IT Firm's H-1B Petition Wrongfully Denied

10/04/2017

On Friday, a federal judge ruled that USCIS wrongfully revoked and denied H-1B petitions filed by Next Generation Technology, Inc. In a thirty-one page opinion, U.S. Magistrate Judge Debra Freeman ordered USCIS to reconsider the revoked and denied H-1B petitions and, if it reaffirms its decisions, provide a more specific explanation of why it is discounting the evidence submitted. Specifically, Judge Freeman said USCIS had not properly considered a project description, including a detailed description of the foreign national's proposed role as programmer, as evidence that the proposed position qualified as a specialty occupation:

In sum, the Court finds that USCIS disregarded ‘pertinent evidence' in the Record and failed to ‘articulate a satisfactory explanation for its action' in declining to find that the programmer position being offered... by NGT was ‘a specialty occupation,' within the meaning of the [Immigration and Nationality Act] and applicable regulations, and that USCIS's decision in this regard was therefore arbitrary and capricious.

Judge Freeman also found that USCIS failed to explain whether it properly considered evidence demonstrating an employer-employee relationship between Next Generation Technology Inc. and the foreign national, as well as the company's evidence that it could pay the sponsored worker the prevailing wage.

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