Antonini & Cohen Wins USCIS Suit for CARE Employee
Antonini & Cohen partners Marshall Cohen and Nisha Karnani and associate attorney Kathy Hoyos worked pro bono to assist Atlanta-based nonprofit CARE in its efforts to hire an Impact Data Analyst – an H-1B specialty occupation critical to the organization. Although CARE petitioned U.S. Citizenship and Immigration Services (USCIS) twice, the agency denied the nonprofit both times, ignoring evidence and asserting that the position did not qualify as a specialty occupation. The Antonini & Cohen attorneys knew the government’s legal position was wrong and sued USCIS in federal court under the Administrative Procedure Act, arguing that the agency’s decision was arbitrary and capricious.
The government asked the U.S. District Court in Atlanta to dismiss Antonini & Cohen’s complaint in a motion for summary judgment. Instead, the court dismissed the government’s motion, accepted Antonini & Cohen’s motion for summary judgment, and issued a 48-page ruling in CARE’s favor both confirming that the organization met all possible criteria and rejecting the government’s legal position. The court sent the case back to USCIS and directed the agency to reconsider its position and grant CARE’s petition.
USCIS quickly granted our client, one of the Top 5 one-mile runners in the world, a visa petition after founding Antonini & Cohen partner Marshall Cohen successfully proved that the athlete’s prowess as a world-class “miler” constitutes an extraordinary ability. He is now eligible to apply for a green card based on the approved visa petition!