US Employers seeking H-1B Petition Approval for Market Research Analyst Occupation can Re-Adjudicate with USCIS - MadKudu Class Action
Monica Zafra • November 23, 2021
Click here to read this article in Portuguese
A recent class action from MadKudu will likely result in USCIS approving more H-1B Petitions in the Market Research Analyst occupation. H-1B workers are required to possess highly specialized knowledge acquired through a bachelor's or higher degree in a specialty occupation.
The lawsuit was filed by four U.S. employers who received H-1B denials because the employees were not deemed a "specialty occupation" as required for the H-1B Visa classification. USCIS' findings were a result of an interpretation of a "Market Research Analyst" position in the Occupational Outlook Handbook. The plaintiffs requested relief for themselves and other U.S. employers whose petitions would have been approved if USCIS had not made this decision about the occupation.
Therefore, USCIS officers will re-adjudicate denied H-1B petitions with the new guidance. If a U.S. employer can prove that they are a member of the MadKudu class, USCIS will reopen and readjudicate the denied H-1B petition if they are still within the validity period.
To be a member of this class, a U.S. employer must meet the following:
- Have filed the H-1B petition for a Market Research Analyst during the period from January 1, 2019 through October 19, 2021
- USCIS denied the petition based on the finding from the Occupational Outlook Handbook for Market Research Analyst that it is not a specialty occupation
- But for the finding, USCIS would have approved the H-1B petition
If you have encountered this situation or would like to understand more about the H-1B process, please schedule a consultation with one of our immigration attorneys to discuss.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Monica Zafra
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