USINS

ORDER RE: PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT; DEFENDANT’S MOTION FOR SUM- ' MARY JUDGMENT

Before the Court on November 18, 2002, are cross-motions for summary judgment. The Court has considered the materials submitted by the parties, the case file, and the applicable law. For reasons articulated below, the Court DENIES Defendant’s Motion for Summary Judgment, and GRANTS Plaintiffs Motion for Summary Judgment.

I. FACTUAL AND PROCEDURAL HISTORY

Chia Sin Lin, an employee of Plaintiff Unical Aviation, entered the United States on October 26, 1996, with a nonimmigrant student visa. Before working for Unical, Mr. Lin had been employed by Fatair, Inc. from 1997 to 1999. In 1997, Fatair successfully petitioned the Immigration and Naturalization Service (“INS”) to change Mr. Lin’s nonimmigrant status from student to “marketing specialist.” The INS approved the petition on May 20,1997, and granted Mr. Lin an authorized stay in the United States as a nonimmigrant worker in a “specialty occupation” from May 20, 1997 to March 1, 2000.

In August 1999, Mr. Lin accepted an offer of employment from Unical as a senior' marketing analyst. On October 5, 1999, Unical petitioned the INS to…