Fred 26 Importers, Inc. v. United States Department of Homeland Security

Good Law
445 F. Supp. 2d 1174·2006 WL 2466933·2006 U.S. Dist. LEXIS 61986
United States District Court, Central District of CaliforniaAugust 23, 2006CV 05-03477 DDPCalifornia2,918 words

Opinion

Opinion

Pregerson, J.

ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

This matter comes before the Court on cross motions for summary judgment filed by the defendants and the plaintiffs. After reviewing the parties’ arguments, the Court grants the plaintiffs’ motion and denies the defendants’ motion.

I. Background

Fred 26 Importers, Inc. (“Fred 26”) and Christine Sagmit (“Sagmit”) (collectively the “plaintiffs”), bring this action against the United States Department of Homeland Security and the United States Citizenship and Immigration Services (“US-CIS,” collectively the “defendants”). The plaintiffs allege that the USCIS erred in denying Fred 26’s application for an H-lB visa filed on behalf of Sagmit.

A. H-lB Visa Application

An employer may file an H-lB visa petition on behalf of an alien worker. 8 U.S.C. § 1184 (c). Qualified non-immigrant aliens may temporarily come to the United States to perform services in a specialty occupation. 8 U.S.C. § 1101(a)(15)(H)(i)(b). A specialty occupation is defined as an occupation that requires:

8 U.S.C. § 1184 (i)(l); see also 8 C.F.R. § 214.2(h)(4)(ii).

To qualify as a specialty occupation, the…

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