Button Depot, Inc. v. United States Department of Homeland Security

ORDER GRANTING REQUEST FOR DECLARATORY RELIEF

This matter is before the Court on Plaintiffs’ Complaint for Declaratory Judgment (docket no. 1) pursuant to 5 U.S.C. § 702 and 28 U.S.C. § 2201 , filed January 5, 2005. The Court has reviewed the administrative record, the pleadings, and the parties’ memoranda on the matter. For the reasons and in the manner set forth below, the Court hereby GRANTS Plaintiffs’ request for declaratory relief and remands this matter to the California Service Center of the United States Citizenship and Immigration Services (“USCIS”) for reconsideration.

I. Background

On August 12, 2002, Plaintiff The Button Depot (“Button Depot” or “the company”) filed a petition for H-1B nonimmigrant visa classification with the appropriate California Service Center (“the Service Center”) of the United States Citizenship and Immigration Service (“USCIS” or “the Service”). Button Depot’s petition was filed to request H-1B classification in order to employ Plaintiff Wednesday L. Saynes (“Mrs.Saynes”) in the H-1B “specialty occupation” of accountant with Button Depot’s operations in Los Angeles, California. The documentary evidence Button Depot submitted in support of…