GCCG Inc. v. Holder

*1163 ORDER RE MOTIONS FOR SUMMARY JUDGMENT

This case requires the Court to determine, in the context of an administrative agency’s decision not to grant a nonimmigrant visa, whether a non-citizen employee’s job constituted a “specialty occupation” under the. Immigration and Nationality Act (“INA”). The distinction between specialty occupation and non-specialty occupation is important because the INA authorizes temporary visas for nonimmigrant aliens who are sponsored by an employer to perform a “specialty occupation.” Wine distributor GCCG and its accountant Yao Zhang (“Plaintiffs”) argue that the government defendants (“Defendants”) have incorrectly relied on a determination by United States Citizenship and Immigration Services (“USCIS”) that Zhang’s job responsibilities are more similar to those of a bookkeeper' — which is not a specialty occupation — than an accountant, which is a specialty occupation. Defendants argue that regardless of his title, Zhang was substantially performing the work of a bookkeeper as described by the Bureau of Labor Statistics’ Occupational Outlook Handbook (“OOH”), and that the employer did not meet its burden to establish that a small wine…