We have written previously about the current administration’s increased scrutiny of immigration applications. We have heard reports that the government now is denying H-1B petitions for jobs that it has previously approved as a specialty occupation. One employer and its long-time employee are fighting back.
The employer argued that United States Citizenship and Immigration Services (USCIS) unlawfully denied an employee’s H-1B extension of status. The employer contends that the employee’s job meets one or more of the criteria for a specialty occupation. USCIS unlawfully denied the petition by misreading the Department of Labor’s Occupational Outlook Handbook.
It is great to see employers standing up for their employees and challenging the government when it misapplies the law. This sends a clear message to USCIS that it cannot continue to unlawfully deny employment-based petitions. Employers and employees alike should fight to make sure their rights are preserved and their cases are fairly adjudicated.