The USCIS Faces Lawsuit for Denying H-1B Visa Applications

Multiples companies move forward with legal complaint against the USCIS

Business immigration

The advanced socio-economic development of the US made it a world power when it comes to sectors such as technology, science, research, medicine, fashion, art, inter alia.

Due to the high standard and business competitiveness of the US, the local immigration system offers multiple alternatives for foreigners to gain work experience through visas for skilled workers. In addition to that, local companies, businesses, and projects also have the ability to request qualified foreign workers to come and legally reside in the country through immigration applications.

The US Citizenship and Immigration Services (USCIS) is the federal agency in charge of processing business immigration applications.

It is important to emphasize that there are certain requirements that local companies and foreign workers must meet in order for the USCIS to approve the application.

Nowadays, the business immigration system is relatively slow due to measures implemented by the Trump administration during the health crisis generated by the global COVID-19 pandemic.

In fact, most work visas are suspended until 2021, according to one of the latest presidential proclamations that aims to protect the American population during the current juncture.

However, several restrictions have already been lifted and we are witnessing hoy business immigration services return to normal.

Do you need help with a Business Immigration Case? Contact Motion Law and follow experts’ advise.

Several companies sued the USCIS

Business immigration is essential for multiple sectors of the American market, primarily because in order for a company to request foreign workers, it must demonstrate that there are no trained personnel to fill the job position. Therefore, foreign workforce is indispensable for hundreds of companies and businesses to meet market demands.

In April 2020, several companies filed a lawsuit against the USCIS because multiple applications for employment visas were rejected by the immigration agency.

The applications were for market research analysts, who met all the requirements. Companies involved in the legal complaint are:

  • MadKudu Inc.
  • Quick Fitting Inc.
  • Hanguang International Inc.
  • 2nd Street USA Inc.

The lawsuit states that the USCIS is rejecting H-1B visa applications “routinely and unlawfully”. The companies claim that the immigration agency misinterprets the term “specialty occupation” and denies requests from market research analysts without solid arguments and ignoring compliance with the requirements by local businesses and foreign workers.

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Judge gives green light to the plaintiffs

On Monday, September 14, 2020, a judge for the Northern District of California declared that plaintiffs may continue with the legal complaint despite the fact that the USCIS previously requested to dismiss the case.

The judge states that if the legal complaint is not resolved, these companies or others may face similar situations due to misunderstandings in business immigration applications.

Reliable help for your immigration case

If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.