The immigration agency has reached a settlement in a class action suit filed last year to stop USCIS from issuing blanket H-1B visa denials for market research analyst positions.
TOI had earlier reported that the class action law suit had sought to rein in the unlawful adjudicating practice that USCIS adopted including its misinterpretation of the Labour department’s ‘Occupational Outlook Handbook’ which profiles hundreds of occupations in the US job market.
On August 20, 2021, the parties reached a settlement and ten days later, the district court had preliminary approved this settlement agreement. A fairness hearing will follow in October.
Leslie K Dellon, Senior Attorney (Business Immigration) at the American Immigration Council, which was one of the associations to have represented the plaintiffs told TOI, “The proposed settlement gives US businesses who are within the class another chance to have their H-1B market research analyst petitions approved—this time under procedures worked out by the parties to the lawsuit.”
Charles H Kuck, another immigration attorney involved in the matter, added, “We are pleased that USCIS has agreed to settle this dispute, reconsider the hundreds of cases it erroneously denied for market research analysts and revise its internal guidance on H-1B adjudication. This case has impact far beyond the plaintiffs and is an example how those who are willing to stand up to the government can not only help their own cases, but can be a source of reformation of a broken system.”
It may be recalled last December, a US appeals court had recognized the position of computer programmers as having a specialty occupation. Following this, USCIS had to rescind its earlier memo that resulted in denying H-1B visas to this category of workers.