On July 13 GYH filed a lawsuit against USCIS on behalf of its client over the denial of the H-1B petition for an accountant. The lawsuit argued that the agency was ignoring its own guidance regarding degree equivalencies when it denied the H-1B petition on the basis that the applicant did not have the required education for the visa.
Because different countries have different systems of degrees and certifications, and many expert-level professionals learned on the job rather than in school, USCIS allows petitioners to justify how and why their combined education and experience is the equivalent of the required degree. USCIS denied the petition of this accountant despite substantial evidence, including expert letters attesting to the legitimacy of the accountant’s qualifications. The lawsuit argued, "USCIS' denial of the petition contravenes and fundamentally disregards the substantial, credible, and undisputed evidence in the record and was arbitrary, capricious, and an abuse of discretion."
Just over a month after the lawsuit was served, GYH’s client received an Approval Notice for the H-1B petition. GYH is thrilled that this deserving professional may continue to serve the organization at which they are critically needed.
If you think your or your employee’s petition was wrongfully denied and want to know how GYH can help, contact us at email@example.com.