Reopening of H-1B Petitions for Market Research Analysts Positions

Market research professionals whose H-1B petitions were denied between January 1, 2019 and October 19, 2021 may be able to reopen their cases now, under a settlement agreement in the federal case of MadKudu Inc., et al. v. U.S. Citizenship and Immigration Services, et al., No. 20-cv-2653 (N.D. Cal.)

Pursuant to this agreement, USCIS has agreed to allow class members in the federal case to file motions to reopen their denied H-1B petitions. 

Who may file a motion to reopen?

Class members who are eligible to submit a motion to reopen their denied H-1B petitions must meet the following criteria: 

• They must have filed an H-1B petition between Jan. 1, 2019 and Oct. 19, 2021, for a market research analyst.
• USCIS denied the petition based on a finding that the Occupational Outlook Handbook (OOH) entry for a market research analyst did not establish that a degree is normally the minimum requirement for entering the occupation.
• The H-1B petition would have been approved but for this finding. 
• There is still time left in the period specified in the certified Labor Condition Application (LCA) originally submitted with the underlying Form I-129.

How to file a motion to reopen the denial?

Eligible parties may file a motion to reopen a denied H-1B petition by filing the Form I-290B with USCIS with proper supporting documents on or before April 26, 2022.   There is no filing fee required for this motion. 

The filing addresses are as follows: 

USCIS Nebraska Service CenterUSPS

Attn: Madkudu Project
P.O. Box 87129
Lincoln, NE 68701

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USCIS Nebraska Service Center
Attn: Madkudu Project
850 ‘S’ Street
Lincoln, NE 68508

A motion has specific requirements and can be approved only if the legal standard is met.  Substantial documentary proof is required too support the motion to reopen.  Applicants must provide evidence to prove that they are class members, that their H-1B petitions for market research analysts positions were denied solely because of a finding that these positions are not specialty occupations, that the job offer is still valid, and they are otherwise eligible for reopening.  

Conclusion

USCIS stated that it will make a decision on all eligible, time-filed reopening requests within 90 days of receipt.  Further, USCIS will try to prioritze cases with LCAs expiring less than 90 days after the Form I-290B is filed with USCIS.  

This is an excellent opportunity for applicants to reopen their denied H-1B petitions.  It is not a trivial request.  Interested parties should work with their immigration attorneys to file a legally sufficient motion in order to increase the chances for approval. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.)