USCIS Reaches Settlement Agreement for H-1B Petitions in Madkudu v. USCIS

USCIS entered right into a settlement agreement in Madkudu v. USCIS that will sign modifications in how USCIS will decide which positions qualify as a “specialty occupation” for H-1B functions. Through the Trump Administration, USCIS often denied cases as a result of multiple diploma would meet the necessities for the place. The Madkudu case particularly places that to relaxation — at the very least for Market Analysis Analysts.

Madkudu was licensed as a category motion and was filed by corporations whose H-1B petitions for Market Analysis Analyst positions have been denied primarily based on the USCIS’ interpretation of that job’s description in the Bureau of Labor Statistics Occupation Outlook Handbook (OOH). USCIS decided that as a result of the OOH listed quite a lot of levels reasonably than one particular diploma that might be acceptable for a Market Analysis Analyst place, the place didn’t qualify as a “specialty occupation.”  The plaintiffs argued that was a misinterpretation of the OOH and the statutory necessities and sought abstract judgment. The court docket stayed briefing as a result of the events have been negotiating and reached a settlement settlement.

Below the settlement, employers who filed H-1B petitions for Market Analysis Analysts between January 1, 2019 and October 19, 2021 may ask to have their instances reopened (with out price) if:

  • The case was denied as a result of the OOH entry for the Market Analysis Analyst place didn’t set up that the occupation was a specialty occupation;

  • If not for that discovering, the case would have been accredited; and

  • On the time of the request for reopening, there may be time remaining on the interval specified in the licensed Labor Situation Software submitted with the unique software.

Class members can have 180 days from October 19, 2021 till mid-April 2022 to file a reopening request.

Based mostly upon the settlement, the USCIS’ new steering for adjudicators will point out that levels in enterprise administration, communications, statistics, pc and knowledge expertise and/or social science with related majors, minors or specializations associated to market analysis evaluation will qualify for H-1B visa standing and never be thought-about “generalized” or unrelated levels.

Whereas this case might come too late for some who’ve needed to search different work or go away the USA, different petitioners and beneficiaries whose instances have been denied might discover this convenient. Furthermore, the brand new steering can be utilized in instances going ahead for at the very least 5 years primarily based upon the settlement settlement.

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