By: Kirti Kalra

On October 19, 2021, United States Citizenship and Immigration Services (USCIS) reached a settlement agreement which defines new guidance for pending and future H-1B adjudication for market research analysts.[1]

Following the settlement, USCIS will re-adjudicate certain H-1B cases filed for market research analysts that were rejected. Eligible class members can submit Form I-290B, Notice of Appeal or Motion to request that USCIS reopen a rejected Form I-129, Petition for a Nonimmigrant Worker. The deadline for such requests is April 26, 2022 and requires no fee.

eligibility to reopen form i-129  

Cases are eligible to be reopened if they meet the following conditions:

• The original petition was filed between January 1, 2019 and October 19, 2021, for a market research analyst.
• USCIS rejected the petition based on an entry in the Occupational Outlook Handbook (OOH) that did not consider market research as a specialty occupation based on 8 CFR 214.2(h)(4)(iii)(A)(1).
• The petition would have been approved otherwise.
• The Labor Condition Application (LCA) is still valid when Form I-290B is filed.

USCIS will adjudicate all eligible reopening requests filed on or before April 26, 2022 within 90 days of receipt of the physical copy. The agency will first reopen cases with LCAs that expire within 90 days after Form I-290B is filed.

Filing form i-290b

Form I-290B should be submitted to the USCIS Nebraska Service Center. Individuals should send the completed form to:

USPS:

USCIS Nebraska Service Center
Attn: Madkudu Project
P.O. Box 87129
Lincoln, NE 68701

FedEx, UPS, and DHL:

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

Form I-290B submissions should include:

• A cover sheer identifying a claimed class member is filing Form I-290B.
• The name of the Service Center or Administrative Appeals Offices (AAO) that previously made the decision. This information should be included on the cover sheet.
• A copy of the original USCIS denial of the H-1B petition. If an appeal has already been filed, a rejected a copy of the appeal should be provided. The denial should prove:
  • The original petition was filed between January 1, 2019 and October 19, 2021.
  • USCIS classified the job as a market research analyst occupation.
  • The OOH entry for market research analysts was used to make the decision.
  • The first regulatory criterion at 8 CFR 214.2(h)(4)(iii)(A)(1), was used to determine market research was not a specialty occupation and this was the reason the petition was denied.
• A copy of the original LCA, to prove there is time remaining on the certified LCA.
• Clearly stated request to reopen the case.
• A receipt number from the initial Form I-129.
• Confirmation the employment offer is still valid.
• If the applicant would like a new start and end date for validity, they can include this information when opening the case if the new dates are in the LCA validity period.

 

conclusion

For more information regarding USCIS policy, visit the USCIS website. For case-specific questions, or if you believe your case qualifies for reopening under the new agreement, contact your trusted Chugh, LLP immigration professional.

 

[1] MadKudu Inc., et al. v. US Citizenship and Immigration Services, et al., No. 20-cv-2653 (N.D. Cal.). The agreement was approved in the US District Court, Northern District of California, San Jose Division.