Van Der Hout LLP

Your H-1B Petition Could Be Re-adjudicated

Your H-1B Petition Could Be Re-adjudicated
October 28, 2021

Hundreds of American businesses who had their H-1B petitions denied for market research analysts may receive a second chance for approval, thanks to a recent settlement in a class action lawsuit. U.S. Citizenship and Immigration Services (USCIS) denied these petitions because the agency determined market research analysts were not a “specialty occupation,” a requirement for an H-1B visa classification.

USCIS came to this decision based on a flawed reading of the “market research analysts” entry in the Department of Labor’s Bureau of Labor Statistics Occupational Outlook Handbook. The settlement provides a mechanism for qualifying U.S. employers to request reopening and re-adjudication of their denied H-1B petitions. It also requires USCIS to issue new guidance regarding the adjudication of class members’ previously denied H-1B petitions, as well as market research analyst petitions currently pending and filed in the future.

The lawsuit was filed by the American Immigration Council, the American Immigration Lawyers Association, and the law firms Van Der Hout LLP, Berry Appleman & Leiden LLP (formerly Joseph & Hall P.C.), and Kuck Baxter Immigration LLC.

Each H-1B petition reopened and approved because of the settlement will represent another opportunity for U.S. employers and the workers they sponsored to advance their business objectives. To determine whether your client is a MadKudu class member, please consult with some of the Frequently Asked Questions.

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