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