American Immigration Council filed a lawsuit on behalf of a large construction company against USCIS which denied the H-1B (EXTENSION) case for one of its employee citing that the job was not a specialty occupation.

Specifically, the denial stated that “Engineering” which the petitioner stated as required is too broad and denied the case. This case Shandilya et al. v. USCIS filed on  10/16/18 on behalf of Anubhav Shandilya and Balfour Beatty Construction LLC based in Dallas seeks to vacate the denial of the petition.

We will be watching this case to see how the court interprets specialty occupation in this context.