Two federal courts recently issued decisions in favor of H-1B
employers that could have an impact on the adjudication of H-1B
petitions, especially information technology (IT) firms and those
that seek to place employees at third-party worksites. Below is a
summary of each case and its potential effect on the adjudication
of future H-1B petitions.
InspectionXpert Corporation v. Cuccinelli
In InspectionXpert, No. 1:19cv65 (March 5, 2020), U.S.
Citizenship and Immigration Services (USCIS) denied an H-1B visa
petition because the employer was willing to accept a candidate
with a general engineering degree. USCIS determined that the degree
requirement was too broad to qualify as a specialty occupation.
