Global Fabricators v. Holder

MEMORANDUM *

Global Fabricators, Inc., and Israel G. Cruz (collectively, Global) brought suit against U.S. Citizenship and Immigration Services (USCIS) and others under the Administrative Procedure Act (APA), 5 U.S.C. § 551 et seq., alleging that USCIS’s Administrative Appeals Office (AAO) abused its discretion in denying Global’s nonimmigrant specialty occupation worker visa petition for Cruz. On summary judgment, the district court held that the AAO’s denial was not “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706 (2)(A). We conclude that the district court did not err in granting summary judgment for defendants, as the AAO’s interpretation of the applicable regulations is reasonable and its factual findings are supported by substantial evidence.

I.

The Immigration and Nationality Act (“INA”) specifies that H-1B visas are available only for employment in a “specialty occupation,” 8 U.S.C. § 1101 (a)(15)(H), which is defined as a position requiring “(A) theoretical and practical application of a body of highly specialized knowledge, and (B) attainment of a bachelor’s or higher degree in the specific specialty (or its…