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Keywords

plaintiffstatutemotionsummary judgmentvisamotion for summary judgment

plaintiffmotionsummary judgmentvisasustainedmotion for summary judgment

Related Cases

Snapnames.com v. Chertoff

Facts

The alien, Sanjay Agarwal, originally from India, received a three-year Bachelor of Commerce degree from the University of Calcutta and completed additional coursework to become a member of the Institute of Chartered Accountants of India. SnapNames, his employer, filed for an employment visa on his behalf, asserting that his education was equivalent to an American baccalaureate degree. The NSC denied the petitions, stating that Agarwal did not meet the educational requirements specified in the labor certification.

Mr. Agarwal is originally from India. In the 1980s he attended the University of Calcutta and received a three year Bachelor of Commerce (Honours) degree. Thereafter, he attended the Institute of Chartered Accountants of India and completed all the required course work and examinations to become a member. In February 2002, Mr. Agarwal began working for SnapNames. In August 2002, SnapNames began seeking an employment visa on Mr. Agarwal's behalf.

Issue

Did the agency err in denying the employment-based visa petitions based on the alien's educational qualifications?

Rule

The court must defer to the agency's interpretation of the statute unless it is arbitrary, capricious, or an abuse of discretion. The visa petitioner bears the burden of proving the alien is qualified for the immigration benefits sought.

The agency's decision finding Mr. Agarwal is not qualified can only be overturned if it is 'arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.' 5 U.S.C. 706(2)(A); City of Sausalito v. O'Neill, 386 F.3d 1186, 1206 (9th Cir. 2004). Significant deference is afforded to the agency's factual findings, particularly in relation to issues implicating the agency's expertise.

Analysis

The court found that the agency's interpretation of the educational requirements was flawed. It relied on a prior interpretation that did not consider the combined educational background of the alien. The court determined that the agency's conclusion that Agarwal's education was not equivalent to a U.S. baccalaureate degree was arbitrary and capricious, as it failed to appreciate the relevant differences in educational systems.

The court found that it was clear the agency simply relied on its prior interpretation of similar but inapplicable regulatory language and failed to appreciate the difference between interpreting the labor certification and statutory or regulatory provisions. The conclusion that the alien's combined educational background was not the 'foreign equivalent' to an American baccalaureate degree was arbitrary and capricious and could not be sustained.

Conclusion

The court granted the plaintiffs' motion for summary judgment regarding the 'skilled workers' petition and denied it for the other classifications, concluding that the agency's decision was not supported by the evidence.

Plaintiffs' motion for summary judgment was granted with regard to its 'skilled workers' petition and denied as to the 'professional' and 'member of the professions holding advanced degrees' petitions.

Who won?

Plaintiffs prevailed in part, specifically on the 'skilled workers' petition, because the court found the agency's reasoning to be arbitrary and capricious.

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