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Immigration Law Associates, PC

No H-1B for Operations and Finance Analyst: Palace Wine & Spirits v. USCIS

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Daniel M. Kowalski

“The evidence in the record does not compel findings contrary to those made by USCIS. Noting that the Court may not substitute its judgment for that of USCIS, the Court concludes that USCIS’s determination that the Operations and Finance Analyst position is not a “specialty occupation” is reasonably supported by the evidence. Considering the record as a whole, USCIS’s decision to deny the petition was neither arbitrary nor capricious. Defendants are thus entitled to judgment, and Plaintiff is not entitled to judgment on its claim for declaratory relief. Consequently, Defendants’ motion for summary judgment is properly granted, and Plaintiff’s motion for summary judgment is therefore denied.” – Palace Wine & Spirits v. USCIS, May 25, 2012.


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