A recent decision by the U.S. District Court for the Southern District of Ohio has given hope to immigration lawyers nationwide. The March 12 decision Residential Finance v. U.S. Citizenship and Immigration Services, Case No. 2:12-cv-0008, reversed USCIS’s denial of an H-1B nonimmigrant petition on behalf of a foreign national to work for a temporary period as a marketing analyst.
USCIS determined that the marketing analyst position did not qualify as a “specialty occupation,” and on that basis, denied the petition. The court disagreed with USCIS’s factual and legal analysis and ordered USCIS to grant the petition.
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