Excellent New H-1B Case (8/5/19): Relx, Inc. v. Baran
The recent Relx, Inc. v. Baran ruling is great for H-1B companies and beneficiaries. Here are a few of the key takeaways along with YLF analysis:
The Court finds USCIS’s argument of “since multiple fields of education are suitable for the position... it is not one that is qualified as a specialty occupation” to be unacceptable. The Court also states “There is no requirement in the statute that only one type of degree be accepted for a position to be specialized.”
This is great for positions like Computer Systems Analyst, Database Administrator, and more.
The Court states: “If the position requires the beneficiary to apply practical and theoretical specialized knowledge and a higher education degree it meets the requirements.”
The Court states that a specialty occupation is simply a position requiring (1) a university degree (no mention of specific specialty) + (2) the application of practical and theoretical specialized knowledge.
The Court discusses the OOH, stating:
The OOH itself also explains that the typical entry level education for “Computer occupations, all other” is a “Bachelor's Degree.” Since the OOH indeed does provide specific detailed information regarding educational requirements for the computer operations category, and the detailed information states most of the occupations require a four-year bachelor's degree, the agency's rationale was both factually inaccurate and not supported by the record.
The Court states that this position is a specialty occupation because the OOH confirms that “the typical entry level education is a Bachelor's Degree,” which meets Criterion 1. The Court’s straightforward and reasonable approach to the law is great to see.
YLF incorporates new case law into its petitions and RFE responses immediately. Reach out for a Consult + Quote to get YLF on your side.