USCIS Settles Class Action Lawsuit for Market Research Analyst H-1Bs

In another legal win for skilled immigrants and their American employers, U.S. Citizenship and Immigration Services (USCIS) has settled a class action lawsuit challenging H-1B denials for market research analysts. The plaintiffs in MadKudu v. USCIS, represented by the American Immigration Council, the American Immigration Lawyers Association and pro bono attorneys, successfully argued that USCIS arbitrarily and unlawfully denied H-1B petitions for market research analysts claiming the position did not qualify as a specialty occupation. The denials were based on the Department of Labor’s Occupational Outlook Handbook (OOH) entry for market research analysts. USCIS decisions relied on the OOH as a definitive statement that market research analyst positions do not normally require a minimum of a bachelor’s degree to qualify for the job, an essential part of the H-1B category. Under the settlement terms, USCIS will issue guidance clarifying that the OOH description does demonstrate the role as a specialty occupation as long as the position requires at least a bachelor’s degree in a related field with an official minor, major, concentration, or specialization in market research, marketing or research methods. With this settlement, employers can also request USCIS to reopen and re-adjudicate their H-1B petition filed as far back as Jan. 1, 2019.

As background to this case, to qualify as a specialty occupation for an H-1B visa, the position must meet at least one of four criteria. The first criterion is that a postsecondary degree (bachelor’s or higher) is normally the minimum requirement for entry into the occupation. Second, the degree requirement is common in parallel positions among similar organizations in the industry. Third, the employer normally requires a degree (or its equivalent) for the position. Or finally, the position’s duties are so specialized and complex that a bachelor’s degree or higher degree is required. The MadKudu settlement specifically addresses the first criterion. USCIS originally rejected the plaintiffs’ H-1B petitions based on the conclusion that a bachelor’s degree at minimum was not required to become a market research analyst.