Specialty Occupation Denial Lawsuit Filed in Federal Court Receives Approval
On October 3, 2019, Reddy & Neumann, P.C. filed a lawsuit in the United States District Court for the District of Columbia on behalf of a software development company that specializes in providing IT consulting and software development services to a diversified client base. The Plaintiff, in this case, had filed an H-1B cap petition in April 2019 which was eventually denied by USCIS in August 2019 because the Service did not believe the position was complex that it required a bachelor’s or higher degree. After filing of the lawsuit, the case was reopened in November and was issued another RFE. After submission of the RFE response, our office has just received notice that the case has been approved.
By filing these lawsuits, we seek to ensure USCIS does not exceed their authority and that USCIS does not violate the Administrative Procedures Act (APA).