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Complaint Filed in District Court Challenging USCIS’s Unlawful Denial of H-1B Petitions Filed by American Businesses

Apr 16, 2020 | Uncategorized

A lawsuit has been launched in federal court in the Northern District of California in San Jose, seeks to rein in the unlawful adjudication practice USCIS uses in determining whether a market research analyst job qualifies as a “specialty occupation,” and the agency’s misinterpretation of the Occupational Outlook Handbook—a publication of the U.S. Department of Labor’s Bureau of Labor Statistics that profiles hundreds of occupations in the United States’ job market.

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    A California federal judge ordered the immediate release of a longtime immigrant resident and Costco employee who was arrested last week by immigration officials after his status adjustment interview and placed into removal proceedings, ruling Tuesday that the petitioner has demonstrated that his ongoing detention violates his due process rights under the Fifth Amendment.

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