USCIS Faces Cert. Bid Over Claim H-1B Visas Wrongly Denied

Law360 (October 27, 2020, 7:45 PM EDT) -- Immigration advocates urged a California federal judge Tuesday to certify a class of market research analysts who were denied H-1B visas in their suit alleging the U.S. Citizenship and Immigration Services engaged in a systemic pattern of unlawful decision-making, arguing that a pending rule change shouldn't affect their request.

During a video hearing, Mary Kenney of the National Immigration Litigation Alliance argued that class certification should proceed despite an interim final rule that the government announced earlier this month, which goes into effect Dec. 7 and tightens eligibility criteria for the high-skilled work visa.

Kenney said that the U.S. Chamber of...

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