The USCIS satisfactorily explained why it concluded that the evidence proffered by Irish Help did not establish a degree requirement “common to the industry in parallel positions among similar organizations.” 8 C.F.R. The USCIS “examine the relevant data” submitted by Irish Help and “articulate a satisfactory explanation for its action.” Motor Vehicle Mfrs. 1997) (“npublished precedent is a dubious basis for demonstrating the type of inconsistency which would warrant rejection of deference.” (citation and internal quotation marks omitted)).Ģ. A prior unpublished and non-precedential USCIS decision interpreting a previous Handbook edition does not make the decision in this case arbitrary or capricious. 1988) (“he requirement of a degree of generalized title, such as business administration,” does not render an occupation a “profession.”). § 1184(i)(1)(B), of requiring a degree in a “specific specialty.” 1 See In re Michael Hertz Assocs., 19 I. The Department of Labor's Occupational Outlook Handbook entry on Financial Managers did not compel the conclusion that the position met the statutory requirement, 8 U.S.C. § 706(2)(A)) (describing standard of judicial review of agency action under the APA). The determination by the USCIS that the Irish Help Deputy Controller position was not a specialty occupation was not “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” Family Inc. We have jurisdiction of Irish Help's appeal under 28 U.S.C. In this action filed by Irish Help seeking review under the Administrative Procedure Act (“APA”), the district court granted summary judgment to the government defendants. The United States Citizenship and Immigration Services (“USCIS”) denied the petition, finding that Irish Help failed to establish that the Deputy Controller position that McDermott would fill was a specialty occupation. § 1101(a)(15)(H)(i)(b) to classify Bridget McDermott as a nonimmigrant “specialty occupation” worker. Irish Help at Home LLC (“Irish Help”) filed a petition pursuant to 8 U.S.C. 15-15830 Decided: March 10, 2017īefore: TASHIMA and HURWITZ, Circuit Judges, and ADELMAN,** District Judge. Citizenship and Immigration Services et al., Defendants-Appellees. ROSEMARY MELVILLE, California Service Center, U.S. IRISH HELP AT HOME LLC and BRIDGET MCDERMOTT, Plaintiffs-Appellants, v. United States Court of Appeals, Ninth Circuit.