Vastavam web: A federal judge has granted class certification in a lawsuit challenging the alleged pattern and practice of the US Citizenship and Immigration Services arbitrarily denying H-1B non-immigrant employment-based petitions for market research analyst positions filed by businesses in this country. The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.
The lawsuit also points to the agency’s misinterpretation of the Occupational Outlook Handbook-a publication of the US Department of Labor’s Bureau of Labor Statistics that profiles hundreds of occupations in the United States’ job market, according to a statement. The H-1B visa category allows employers to petition for highly educated foreign professionals to work in “specialty occupations” that require at least a bachelor’s degree or the equivalent in a specific specialty. US employers seeking highly educated foreign professionals submit their petitions to USCIS, it said on Thursday.
Research shows that H-1B workers complement US workers, fill employment gaps in many occupations, and expand job opportunities for all, Dellon said. “While this victory opens an opportunity for the entire class, I want to recognise and celebrate the courage of the named plaintiffs, and now class representatives, for stepping forward on behalf of those similarly aggrieved,” said Jesse Bless, director of federal litigation at the American Immigration Lawyers Association. “When you have to litigate about whether only one particular degree can lead to a variety of professional specialty occupations, you know that the government is just reaching for reasons to deny cases,” Joseph said.