Court Lacks Jurisdiction over H-1B Denial Pursuant to IIRIRA—A Cautionary Tale

CDI Information Service v. Reno, is a recent Sixth Circuit Appeals Court decision involving CDI Information Service ("CDI") and Prakash Vaideeswaran, their foreign national employee, who filed a claim with the District Court requesting the reversal of an INS decision to deny CDI’s I-129 petition to extend their employee’s H-1B nonimmigrant visa. The Service had denied the petition due to its determination that the foreign national "failed to maintain the status previously accorded because he engaged in unauthorized employment in a state other than Oregon." (emphasis added) The denial was sparked when an INS officer noticed an itemization of $52.32 on the foreign national’s pay stub for moving expenses. No one had expected that $52.32 would lead to the denial of an H-1B visa extension or to the expansion of INS’ unreviewable and discretionary authority over the adjudication of H-1B petitions filed by U.S. employers on behalf of foreign nationals. The scenario should serve as a warning to companies who transfer foreign nationals without ensuring that proper steps have been taken to maintain the foreign national’s status and employment authorization. It is always important to discuss such changes with competent immigration counsel.

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