YOUR H1B CASE MIGHT BE IN JEOPARDY!!!!
H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’ in tossing Indian woman’s case
A federal court judge has thrown out a lawsuit by an Indian technology worker who claimed she was illegally denied an H-1B visa, ruling in favor of the federal government and its claim that the woman’s planned job did not meet the definition of a “specialty occupation” required for the visa.
Usha Sagarwala sued U.S. Citizenship and Immigration Services’ then-director L. Francis Cissna in December, claiming his agency broke the law by denying her an H-1B visa, which is intended for “specialty occupations.”
The agency concluded that the quality-assurance analyst position Sagarwala planned to fill at a Connecticut company was not a specialty job.
The ruling supporting the agency’s narrower view comes as Citizenship and Immigration’s umbrella agency, the U.S. Department of Homeland Security, is developing a new rule that would redefine what constitutes a specialty occupation “to increase focus on obtaining the best and the brightest foreign nationals via the H-1B program,” according to Homeland Security. The agency has not specified a new definition, but said the rule would be finalized next month. However, Homeland Security has several times delayed finalizing a new rule banning from employment H-4 visa-holding spouses of H-1B workers who are on track for a green card.