Residential Finance Corp. v. U.S. Citizenship & Immigration Services
2012 U.S. Dist. LEXIS 32220
S.D. Ohio2012Background
- Residential Finance Corp filed Form I-129 on Aug 9, 2011 seeking an H-1B for Geza Rakoezi to serve as a market research analyst.
- Rakoezi would be admitted as a nonimmigrant in a specialty occupation under 8 U.S.C. § 1101(a)(15)(H)(i)(b).
- USCIS requested additional evidence after an initial processing delay and denied the petition on Nov 11, 2011.
- Plaintiff seeks judicial review under 5 U.S.C. § 702 and filed a motion for summary judgment; defendant moved to dismiss and for summary judgment.
- The court ultimately determines it has jurisdiction to adjudicate the merits and grants summary judgment for plaintiff, ordering the petition granted and Rakoczi’s status changed to H-1B.
- The Clerk shall enter judgment and terminate this action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to review H-1B denial | Plaintiff has standing and §1331 jurisdiction; §1252(a)(2)(B)(ii) does not divest jurisdiction | §1252(a)(2)(B)(ii) divests jurisdiction over discretionary agency actions | Court finds jurisdiction to address merits (not divested) |
| Whether denial was arbitrary or improper under APA | Rakoezi’s degree and field satisfy specialty-occupation criteria | Record shows no specific specialty degree required for the market research analyst role | Plaintiff prevails on the merits; record supports specialty-occupation eligibility |
Key Cases Cited
- CDI Information Services, Inc. v. Reno, 278 F.3d 616 (6th Cir.2002) (jurisdictional bar may apply to discretionary agency action in visa petitions)
- Shanti, Inc. v. Reno, 36 F.Supp.2d 1151 (D.Minn.1999) (AGO discretion; not all H-1B petitions are categorically reviewable)
- Royal Siam Corp. v. Chertoff, 484 F.3d 139 (1st Cir.2007) (discretionary review of visa petition may not be immunized by law)
- Thomas v. Jenifer, 33 Fed.Appx. 212 (6th Cir.2002) (§1252(a)(2)(B)(ii) applied to visa-related decisions)
- Wong v. Napolitano, 654 F. Supp. 2d 1184 (D. Or.2009) (employer injury from visa denial supports standing)
- Overton Park v. Volpe, 401 U.S. 402 (1969) (administrative decision must have rational basis and consider relevant factors)