Visa Lawyer Blog
By Ekaterina Powell, Esq.
In the recent case Caremax Inc. v. Holder (N.D. Cal., 2014), the court granted the government’s motion for summary judgment and ruled that Public Relations Specialist offered to the beneficiary is not an H-1B caliber position.
The H-1B employer and the employee filed a declaratory relief action asking the District Court to determine whether the position of PR Specialist offered to the beneficiary constitutes a “specialty occupation” under the INA and if so whether the employee meets the qualifications to be employed in the position.