Irish Help at Home LLC v. Rosemary Melville
679 F. App'x 634
| 9th Cir. | 2017Background
- Irish Help at Home LLC petitioned under 8 U.S.C. § 1101(a)(15)(H)(i)(b) to classify Bridget McDermott as a nonimmigrant specialty-occupation worker (Deputy Controller position).
- United States Citizenship and Immigration Services denied the petition, finding the Deputy Controller position was not a "specialty occupation" requiring a degree in a specific specialty.
- Irish Help sought review under the Administrative Procedure Act; the district court granted summary judgment to the government.
- The Ninth Circuit reviewed whether USCIS’s decision was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
- The court considered the Department of Labor Occupational Outlook Handbook entry on Financial Managers and prior agency interpretations but found those did not compel finding the position a specialty occupation.
- The court concluded USCIS adequately examined the record and explained why evidence did not show a degree requirement common in the industry or that the position’s complexity warranted a specialty-degree requirement; alternative agency finding that McDermott lacked qualifications need not be reached.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether USCIS acted arbitrarily in finding the Deputy Controller was not a "specialty occupation" | The Handbook and industry practice show financial-manager roles commonly require specialized degrees, so the position is a specialty occupation | USCIS: evidence does not show a specific-degree requirement common to parallel positions; position duties do not establish a specialty-degree need | Court upheld USCIS decision as not arbitrary or capricious |
| Whether the Occupational Outlook Handbook compelled a finding of specialty occupation | Handbook language about degrees for Financial Managers requires finding specialty occupation | Handbook does not mandate that conclusion; generalized degree titles do not make an occupation a profession | Court held Handbook did not compel finding a specialty occupation |
| Whether reliance on prior unpublished USCIS decision made current decision inconsistent | Prior USCIS unpublished decision supports plaintiff’s position and undermines agency consistency | Agency consistency not undermined by unpublished, non-precedential decision | Court found unpublished decision insufficient to render current decision arbitrary |
| Whether USCIS adequately considered submitted evidence on degree commonality and job complexity | Irish Help’s submitted evidence shows degree commonality in industry and complexity requiring specialized degree | USCIS examined evidence and provided satisfactory explanation rejecting those contentions | Court held USCIS examined relevant data and articulated satisfactory explanation |
Key Cases Cited
- Family Inc. v. USCIS, 469 F.3d 1313 (9th Cir.) (standard of APA review for agency action)
- Motor Vehicle Mfrs. Ass'n of U.S., Inc. v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29 (1983) (agency must examine relevant data and explain action)
- Chan v. Reno, 113 F.3d 1068 (9th Cir.) (unpublished precedent is a weak basis to show agency inconsistency)