Categories
Visas - H-1b, L-1, E, O, TN

USCIS Wins One :(

The USCIS recently enjoyed a rare victory in Federal Court prevailing in Distro Systems vs. USCIS in a case involving the definition of a specialty occupation. Distro had filed an H-1b for for the position of Associate-Technology Practice and had classified the position under the DOL’s SOC Code “Computer Occupations-All Other”. During the appeal, the employer claimed that the occupation chosen was the Computer Systems Engineers/Architects sub category however, the Court noted that the majority of their arguments involved a different DOL SOC code specifically, that of a Software Developer. Based upon the decision, it appears that the denial was based upon the number of discrepancies in the record relative to the job description and the SOC category chosen by the Petitioner, along with the proof supplied by the petitioner which was limited. The judge also referenced that the salary offered to the employee was only $46,342 and based upon my experience, that seems horribly low for an H-1b caliber position. Given the facts in this case and the clear issues that this case had, we do not believe this decision has any meaningful effect beyond this petition.

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