Article: Green & Spiegel Attorneys Earn Approval of H-1B in Federal Court Hospitality Management is a “Specialty Occupation” By Emily Harris

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Green & Spiegel Attorneys Earn Approval of H-1B in Federal Court Hospitality Management is a “Specialty Occupation”
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Emily Harris
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A Rhode Island restaurant group challenged a USCIS denial and won H-1B
“specialty occupation” status for its General Operations Manager, an
Indian national, in federal court.
</em>
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On March 26, 2020, U.S. District Court Judge Mary McElroy sitting in the
District of Rhode Island issued a decision granting summary judgment in
favor of a restaurant group, India House, Inc., and its employee Santosh
Shanbhag. Santosh Shanbhag was granted H-1B status in a “specialty
occupation” after being previously denied by USCIS. Leveraging support from
its Providence office, attorneys for Green &amp; Spiegel, based in
Philadelphia, litigated the case on behalf of India House and Mr. Shanbhag.
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Mr. Shanbhag sought “specialty occupation” classification as a “General and
Operations Manager” for India House, Inc. After a 2018 denial by USCIS and
a 2019 denial on appeal by the Administrative Appeals Office, the parties
sued USCIS and sought relief in federal court pursuant to the
Administrative Procedures Act.
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Stephen Antwine, who leads the Federal Litigation Practice at Green &amp;
Spiegel, and argued the case, hopes the decision will encourage further
litigation in H-1B cases. “USCIS decisions are subject to federal court
review, and it is an avenue for relief that is often overlooked,” according
to Antwine. Although Green &amp; Spiegel did not file the original H-1B
petitions, Antwine said, “We felt that the evidence presented in the
administrative record formed a strong basis to challenge the initial denial
in federal court.”
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District Judge McElroy granted summary judgment for India House, Inc. after
briefing and oral argument. Most importantly, the Court concluded that
“Hospitality Management” was a “specialty occupation” for the purposes of
H-1B classification. Judge McElroy determined that Mr. Shanbhag’s
educational background, including a degree in hospitality management from
Johnson &amp; Wales University, made him eminently qualified for the
position of General Operations Manager of the restaurant group. She ruled
that hospitality management was not a general degree, and based the
decision on the course of study in which Mr. Shanbhag had engaged,
including “food, food safety, food service, food culture, and franchising.”
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Moreover, the Court saw through the mischaracterization of the business
entity itself by USCIS which labeled it simply “a restaurant started in
1987.” In fact, the evidence clearly established that it was a restaurant
group consisting of four restaurants and an expansive catering company.
Judge McElroy concluded that the government’s approval of two prior H-1B
petitions was instructive, and held that the government could not justify
its arbitrary denial for a more senior position. In making the decision,
she referenced increasing denial rates for H-1B cases, despite no changes
in the actual law or any underlying applicable policy memoranda.
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Jonathan Grode, Green &amp; Spiegel’s U.S. Practice Director, lauded the
decision of the Court: “This decision shows that the USCIS cannot
arbitrarily dictate adjudication standards based on the whims of the
federal administration. We applaud the Court for its concise and
well-reasoned decision as well as swift action through summary judgment.
The litigation team at Green and Spiegel went above and beyond for our
client and I am proud of this tremendous team effort.”
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Case Citation: <em>India House, Inc. v. McAleenan, et. al</em>,
1:19CV00296, (D.R.I2020).
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<p>
<strong>ABOUT:</strong>
Green and Spiegel, LLC is a law firm specializing in North American
immigration law. The U.S. headquarters is located in Philadelphia,
Pennsylvania with additional offices in Colorado, Ohio, and Rhode Island.
From large corporate employee transfers to difficult family sponsorships
and humanitarian applications for permanent residence, Green and Spiegel
can help. With top legal minds in corporate employee transfers,
removal/deportation, immigrant investment, family immigration, immigration
compliance, and resolving inadmissibility issues, the professionals at
Green and Spiegel have been recognized as industry leaders. <strong> </strong>
</p>