Employers Win Class Cert. In Suit Over Denied H-1B Visas

By Rachel Scharf (November 18, 2020, 7:32 PM EST) -- A California federal court granted class certification to businesses accusing the U.S. government of unlawfully rejecting market research analysts' H-1B visa petitions, but the class was winnowed down under a new policy tightening the eligibility criteria for the visas.

U.S. Magistrate Judge Susan van Keulen certified the nationwide class of employers who say U.S. Citizenship and Immigration Services systematically misreads the U.S. Department of Labor's definition of a market research analyst to mean that the position doesn't qualify as a specialty occupation.

The judge found that the companies had alleged a common enough pattern of wrongful reasons for having had visa...

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