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Decisions


MSK Attorneys Represent Employer in Successful Challenge of Denial of H-1B Visa Renewal:

July 22, 2019 by Deborah Sabourin

Brian Sullivan and Daniel Seff recently obtained a successful outcome in a Federal Court proceeding they brought to overturn the USCIS’s denial of an extension of H-1B status for a Nigerian citizen who had been previously granted that status. In the case, the Nigerian citizen’s employer argued that the USCIS acted arbitrarily and capriciously in refusing to extend their employee’s status. The stated basis for the denial was that the job was not a “specialty occupation.” Sullivan and Seff filed the Complaint in the Southern District of New York in early May and made service on the Government shortly thereafter. Rather than answer the Complaint, USCIS granted the relief that the employer sought and issued an extension of their employee’s H-1B status retroactive to the date on which it would have expired.

Filed Under: Decisions, Federal District Courts

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