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U.S. Federal Judge Denies USCIS's Request to Dismiss H-1B Class-Action Lawsuit.

Updated: Jan 14, 2021

Last week, a federal judge in California, Judge Susan van Keulen, denied a request by U.S. Citizenship & Immigration Services (USCIS) to dismiss a pending lawsuit that had been brought against the agency. The lawsuit alleges that USCIS has been repeatedly, unlawfully denying petitions for a specific set of H-1B Specialty Workers, viz. market research analysts, over the preceding three years. USCIS unsuccessfully claimed that dismissal of the lawsuit was justified since the two corporate plaintiffs' petitions were subsequently approved by USCIS, thereby rendering their legal claims moot. However, the Court did not agree with the agency. In addition, while USCIS is assiduously attempting to prevent the lawsuit from becoming a class-action lawsuit, the Court has, at least for now, left open the possibility that the matter will indeed proceed as a class-action. See article: Lawsuit Over H-1B Specialty Occupation Denials Moves Forward

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