I. INTRODUCTION
Plaintiff Usha Sagarwala is a citizen of India who claims that the United States Citizenship and Immigration Services ("USCIS") unlawfully denied her an H-1B visa, a status granted to foreign citizens employed in "specialty occupation[s]."
II. BACKGROUND
H-1B visas are a form of legal nonimmigrant status, meaning one granted to individuals temporarily and for a particular purpose. The H-1B program's purpose is to allow American employers to temporarily hire foreign citizens to work in "specialty occupation[s],"
To participate in the H-1B program, interested employers must complete a two-step process with respect to each foreign worker they wish to hire. First, they must submit to the Department of Labor ("DOL") a Labor Condition Application ("LCA") identifying the specialty occupation position at issue and confirming that they will comply with the requirements of the program. See
(1) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
(2) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;
(3) The employer normally requires a degree or its equivalent for the position; or
(4) The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.
Sagarwala first obtained H-1B status through this two-step process in 2012. See A.R. at 179, ECF No. 13-2. But in August 2018, she sought to change jobs, so her new employer, HSK Technologies, Inc., had to begin the process anew. The company completed an LCA form, which DOL certified, and then submitted the LCA to USCIS with a Form I-129 Petition and supporting documents. The submitted documents explained that Sagarwala's new position would be "QA Analyst," to be performed on-site at Anthem, Inc. in Wallingford, Connecticut, for whom HSK Technologies would provide services as a sub-contractor.
Upon receiving the LCA, I-129, and supporting documents, USCIS issued a Request for Evidence ("RFE") asking for additional information about HSK Technologies' employment relationship with Sagarwala and the characteristics of the offered position.
HSK Technologies' updated submission also provided a number of new exhibits intended to quell USCIS's concerns. To address the employment relationship issue, the company included, among other things, a verification letter from Anthem, a copy of the subcontractor agreement, and Sagarwala's timesheets and paystubs. See
USCIS concluded, however, that HSK Technologies' evidence remained insufficient and formally denied the H-1B petition. In its written decision, the agency focused its analysis entirely on whether the QA Analyst position constituted a specialty occupation for purposes of the H-1B program; the agency did not address the employment relationship issue. Apparently either ignoring or discrediting HSK Technologies' attempted correction, USCIS began by stressing that the company had "indicated that the minimum entry requirements for the offered position [were] a wide variety of disparate fields of study."
USCIS further explained that the company had failed to demonstrate how any of the four prerequisites from
As for the second prerequisite, USCIS concluded that there was insufficient evidence *62to conclude that the required degree was "common to the industry in parallel positions among similar organizations" or that the position was "so complex or unique that it [could] be performed only by an individual with a degree."
Turning to the third prerequisite, USCIS now appeared to acknowledge HSK Technologies' attempted correction: the agency conceded that the company claimed to "normally require[ ] a degree or its equivalent for the position."
Finally, with respect to the fourth prerequisite, the agency said that the evidence did not show that the "nature of the specific duties [were] so specialized and complex that [the] knowledge required to perform [them] [was] usually associated with the attainment of a baccalaureate or higher degree."
With none of the four prerequisites satisfied, USCIS concluded that the "evidence of record [did] not establish" that the QA Analyst position constituted a specialty occupation for purposes of the H-1B program.
*63III. LEGAL STANDARD
Ordinarily, summary judgment is warranted when "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). But this standard does not apply in cases involving review of agency action under the APA "because of the limited role of a court in reviewing the administrative record." Ctr. for Food Safety v. Salazar ,
Indeed, the question is merely whether the agency action was "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law."
IV. ANALYSIS
As noted above, USCIS based its denial of Sagarwala's H-1B petition on a single ground: that HSK Technologies' QA Analyst position did not qualify as a "specialty occupation" eligible under the program. But in reaching that conclusion, the agency's analysis proceeded in two parts. The first part focused on the statutory definition of specialty occupation; the agency reasoned that the position did not require the "theoretical and practical application of a body of highly specialized knowledge" or the "attainment of a bachelor's or higher degree in [a] specific specialty,"
To reach that conclusion with respect to HSK Technologies' petition, USCIS relied entirely on the company's own words. As the Court noted earlier, the company said in its initial submission that it welcomed any candidates with a bachelor's in "Computer Science, Information Technology, Mathematics, Engineering or its equivalent, as well as any other interested and qualified professionals with diverse backgrounds in the sciences, technology, engineering, or mathematics, who ha[d] the *64necessary quantitative and qualitative critical thinking skill sets." A.R. at 191. The company then corrected that statement in response to USCIS's RFE-claiming that the QA Analyst position actually required a bachelor's degree "in Computer Information Systems or [a] related field, such as Information Systems or [Computer Science]."
In her motion for summary judgment, Sagarwala devotes significant attention to this first part of USCIS's analysis. As she sees it, the agency has adopted a statutorily invalid "single degree rule," under which H-1B status is unavailable if multiple different degrees could qualify a candidate for the proffered position. See Opp'n to Def.'s Cross-Mot. Summ. J. at 10-12, ECF No. 26; see also Mem. Supp. Pl.'s Mot. Summ. J. at 27, ECF No. 13-1. USCIS disputes this characterization-arguing that it "does not require a single degree," but instead mandates that petitioners "tie seemingly disparate degrees to the duties of a particular position." Mem. Supp. Def.'s Cross-Mot. Summ. J. at 9, ECF No. 25-1.
The Court does not necessarily need to involve itself in this particular fight, though. "Where... an agency offers multiple independent grounds for a decision, '[a court] will affirm the agency so long as any one of the grounds is valid, unless it is demonstrated that the agency would not have acted on that basis if the alternative grounds were unavailable.' " Fogo De Chao (Holdings) v. U.S. Dep't of Homeland Sec. ,
However one reads this regulatory scheme, § 214.2(h)(4)(iii)(A) unambiguously "create[s] a necessary ... condition" for the issuance of a H-1B visa. See Defensor v. Meissner ,
A. Section 214.2(h)(4)(iii)(A)(1)
The first § 214.2(h)(4)(iii)(A) prerequisite permits a petitioner to make the specialty occupation showing by demonstrating that "[a] baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position."
The Court sees nothing arbitrary or capricious in that determination. As noted earlier, the petition relied on DOL's "O*NET Online" website, but the agency explained that the website "makes no reference to a degree requirement in a specific specialty." A.R. at 6. That observation is correct: the submitted O*Net page for "Software Quality Assurance Engineers and Testers" merely states that "[m]ost of these occupations require a four-year bachelor's degree, but some do not."
USCIS also took note of the company's expert, who stated in his report that "the minimum educational requirements of a QA Analyst position, in accordance with conventional industry standards followed by institutions hiring skilled labor under the H1B visa program, is a bachelor's degree in Computer Information Systems or a closely related field."
In her motion for summary judgment, Sagarwala primarily attempts to relitigate these agency decisions before the Court. As the Court already said, though, it may not substitute its own judgment for that of the agency when reviewing under the arbitrary and capricious standard. E.g. , Crooks v. Mabus ,
Unable to show any problems with USCIS's weighing of the evidence on this issue, Sagarwala's last resort is to assert a broadscale challenge to USCIS's interpretation of its own regulation. According to Sagarwala, it "strains the meaning" of § 214.2(h)(4)(iii)(A)(1) for the agency to require a minimum qualification of " 'not just any baccalaureate or higher degree, but one in a specific specialty that is directly related to the offered position.' " Mem. Supp. Pl.'s Mot. Summ. J. at 36 (quoting A.R. at 3). She says that this interpretation is inconsistent with § 214.2(h)(4)(iii)(A)(1)'s language-which, again, refers solely to a degree, not one in a particular subject matter.
As USCIS notes, however, § 214.2(h)(4)(iii)(A)(1) must be read in context, not in a vacuum. And both the statutory and regulatory definitions of "specialty occupation" state that the position at issue must require the "attainment of a bachelor's or higher degree in [a] specific specialty."
Once the Court gives USCIS's interpretation such weight, there is nothing left to discuss with respect to § 214.2(h)(4)(iii)(A)(1). Sagarwala has not shown that the agency's interpretation of its own regulation was plainly erroneous or that the agency's treatment of the evidence lacked a rational connection to the record. She accordingly must rely upon one of the other § 214.2(h)(4)(iii)(A) prerequisites to prevail on her APA claim.
B. Section 214.2(h)(4)(iii)(A)(2)
As the Court's background discussion above may have already illustrated, the second § 214.2(h)(4)(iii)(A) prerequisite is actually a two for one. Subsection (A)(2) provides, in the disjunctive, two alternative criteria. It says that a position constitutes a specialty occupation if "the degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree."
Here, in an attempt to make the first showing, HSK Technologies submitted job postings for purportedly similar positions in the industry, as well as letters of support from other companies. USCIS found this evidence insufficient because the letters merely indicated that a bachelor's degree was required for most parallel positions-not that a degree in a specific specialty was. And the letters from other companies, the agency said, were not supported by "documentation to verify that their respective companies routinely employ bachelor's degree recipients to perform the duties of a QA Analyst." A.R. at 7.
Having performed its own careful review of the record, the Court cannot say that these determinations were arbitrary, capricious, or an abuse of discretion. The several job postings that were submitted with the petition suggest that employers' hiring practices vary when it comes to quality assurance analyst positions. Some, like Ace Technologies and Ciber Inc., ask for a bachelor's in computer science. See
Based on this assorted evidence, it was not unreasonable for USCIS to conclude that a bachelor's degree was common across the industry in parallel positions, but that one in a specific specialty was not. Could the evidence have supported the opposite conclusion as well? Perhaps, but, *68again, the Court's role under the APA is limited to ensuring that the agency "articulate[d] a 'rational connection' between the record and [its] decision." AT & T ,
As for the industry letters, there are only two of them. The first is from the President of Softova, Inc. (presumably another tech consulting firm) and says that "[i]t is clear that at least a Bachelor's Degree in Computer Science, Computer Information Systems, or related field is required for the position of Quality Analyst and that it is common in the ... industry ... to require one." A.R. at 95. The second, from the Director of Amiti Consulting Corp., similarly states that "all QA Analyst[s] that Amiti ... hire[s] must hold at least a Bachelor's Degree in Computer Science or a closely related field."
Turning to the second part of subsection (A)(2)-whether the position "is so complex or unique that it can be performed only by an individual with a degree"-USCIS's discussion shows that HSK Technologies provided little evidence on that front. Indeed, the company submitted only a one-page, bullet-point list of job duties. And some of the listed duties are quite vague, such as "Responsible for the set of tasks and techniques used to work as a liaison among stakeholders in order to understand the structure, policies, and operations of an organization," or "Working with a team of java developers, database administrators and a technical product owner ... [a]s part of the team as Software quality analyst." A.R. at 61. Without more, it would be difficult to conclude that such amorphous duties are "so complex or unique" as to require an individual with a degree in a specific specialty. Other listed duties, though less vague, are not self-evidently complex, like "Validating data retrieved from the DB."
Absent more detailed, accessible evidence, then, the Court sees nothing unreasonable in USCIS's determination that HSK Technologies did "not sufficiently identify any tasks that are so complex or unique or provide sufficient explanation of why only an individual with a degree in a specific specialty could perform them."
Sagarwala also appears to contend that the agency has not provided "intelligible standards" that define what it means for a position to be "unique" or "complex" within the meaning of the regulation. Mem. Supp. Pl.'s Mot. Summ. J. at 43. USCIS is under no obligation, however, to make broad legal pronouncements when issuing its adjudicatory decisions. See United Food & Comm. Workers Int'l Union, AFL-CIO, Local No. 150-A v. NLRB ,
C. Section 214.2(h)(4)(iii)(A)(3)
The third § 214.2(h)(4)(iii)(A) prerequisite allows a position to qualify as a specialty occupation if the "employer normally requires a degree or its equivalent for the position."
*70D. Section 214.2(h)(4)(iii)(A)(4)
The final § 214.2(h)(4)(iii)(A) prerequisite allows a petitioner to make the specialty occupation showing by demonstrating that the "nature of the specific duties is so specialized and complex that [the] knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree."
For many of the same reasons already provided in the context of subsection (A)(2), the Court finds USCIS's analysis on this point to be reasonable. Again, to prove that the QA Analyst position was complex, HSK Technologies submitted only that one-page list of duties, and the most complex-sounding of those duties were heavy on jargon. The company failed to provide any accessible explanation of what those responsibilities actually entailed. Meanwhile, the evidence from other employers in the industry indicated that, for similar jobs, some of those employers required a bachelor's degree in a specific specialty, but that others did not. As USCIS observed, HSK Technologies did not provide any comparative discussion that indicated how the duties of its QA Analyst position were "more specialized and complex than those of other QA Analyst positions that are not usually associated with at least a bachelor's degree in a specific specialty."
In arguing that this agency reasoning was erroneous, Sagarwala merely repeats the same arguments that she made with respect to subsection (A)(2). She says that petitioning employers are entitled to deference on this issue because they are in a better position than the agency to judge complexity, and that USCIS has failed to articulate standards that define the terms "complex" or "specialized." The Court, of course, already rejected these arguments. Once again, Sagarwala fails to identify any evidence that the agency should have relied on but did not. The Court's conclusion with respect to subsection (A)(4) is therefore the same as it was for subsections (A)(1), (2), and (3).
V. CONCLUSION
For the foregoing reasons, USCIS did not act arbitrarily or capriciously in concluding that HSK Technologies' petition satisfied none of the four 8 C.F.R. 214.2(h)(4)(iii)(A) prerequisites. Accordingly, there is no basis under the APA for setting aside the agency's decision. Sagarwala's motion for summary judgment (ECF No. 13) is DENIED , and the USCIS Director's motion (ECF No. 25) is GRANTED . An order consistent with this Memorandum Opinion is separately and contemporaneously issued.
The H-1B petition indicates that HSK's Technologies' client is a company called Technosoft Corporation, who in turn contracts with Anthem. See A.R. at 194-210.
Indeed, as the Court explained earlier, even in the context of § 214.2(h)(4)(iii)(A)(3), USCIS acknowledged (perhaps for the sake of argument) that HSK Technologies "claim[ed]" that the position required a degree in a specific specialty. A.R. at 8. But USCIS nonetheless concluded that subsection (A)(3) was not satisfied because the company had failed to substantiate its claim with any evidence.
Admittedly, at the conclusion of each of the four § 214.2(h)(4)(iii)(A) subsections of its discussion, USCIS essentially referenced back to the alleged "single degree" part of the analysis by repeating the same sentence every time: "Moreover, as discussed above, you [HSK Technologies] have not established how each of the qualifying fields of study that you have listed for the offered position is directly related to the duties and responsibilities of the position." E.g. , A.R. at 6-7. However, given the brevity of this statement compared to the independent analysis that precedes it in every instance, the Court does not think that any problematic "single degree" rule taints the entirety of USCIS's reasoning. Rather, the Court is satisfied that "the agency would clearly have acted" the same way with respect to § 214.2(h)(4)(iii)(A) even if the "single degree" ground was not available. Fogo De Chao ,
Indeed, Sagarwala argues that USCIS should have addressed its three prior decisions that granted her H-1B status to work in software QA analyst jobs, but the present petition failed to provide the agency with any evidence that compared those prior positions to the current one. It was HSK Technologies' burden to do so.
As the Court noted earlier when discussing subsection (A)(2), HSK Technologies did submit two job postings from Anthem, Inc., the end-client for whom Sagarwala would have provided services if the H-1B petition had been granted. See A.R. at 63-69. In the Court's view, such postings from an end-client are the kind of evidence that a petitioning employer could provide to make the necessary showing under § 214.2(h)(4)(iii)(A)(3). See Defensor ,