For U.S. employers who had H-1B petitions denied for market research analyst roles, another chance at filing is now available. The result of a class action lawsuit, U.S. Citizenship and Immigration Services (USCIS) will reconsider H-1B applications for the analyst roles.
The class action lawsuit was filed by a group of four U.S. employers who claimed the USCIS inaccurately interpreted market research analysts as excluded from the “specialty occupation” category. H-1B visas are granted to workers who have highly specialized knowledge through education, a bachelor’s degree or higher, in a specific specialty. The Occupational Outlook Handbook, from the Department of Labor, is the source of interpretation for qualifying roles under the USCIS.
The lawsuit asked for relief for themselves and other U.S. employers whose petitions would have otherwise been approved if the interpretation of the role was accurate at the time of adjudication.
U.S. employers must establish that they are a class member of the MadKudu lawsuit in order for their filings to be re-adjudicated. USCIS will then reconsider the previously denied H-1B petition for the market research analyst roles if there is time left in the validity period of the certified Labor Condition Application (LCA) for the original denied petition.
Re-adjudication of past filings, adjudicating pending and future filings for the market research analyst role will be under the upcoming guidance. The definition of “specialty occupation” and other related criteria will be used to determine whether an individual’s role qualifies for the market research analyst role.
USCIS created a 180-day period to file to request the reopening of a past filing. The start date is October 28, 2021. ILBSG recommends filing as soon as possible in order to avoid the risk that the LCA will expire prior to the request being processed.
To qualify as a class member, U.S. employers must meet the below criteria;
- The H-1B petition or the market research analyst role was filed with USCIS between January 1, 2019, through October 19, 2021.
- The petition was denied by USCIS due to the market research analyst OOH misinterpretation.
- The H-1B petition would otherwise have been approved if not for the OOH misinterpretation.
This lawsuit, filed by just four U.S. employers, benefits all qualifying organizations who faced the same issue, regardless of their involvement in the original lawsuit.
ILBSG continues to monitor ongoing legal actions that can affect companies and individuals. If you have a question about your H-1B filings, contact us. We work with you to ensure you get the right advice.
Originally published here!
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