--- title: USCIS Added Market Research Analyst As a Specialty Occupation | My Visa Source description: Learn what is the H-1B Visa and who it is for, the lawsuit settlement that was approved, the requirements for US employers and more. Click here! image: https://www.myvisasource.com/hubfs/logo-for-facebook2.png --- [![ClickCease](https://monitor.clickcease.com/stats/stats.aspx)](https://www.clickcease.com) [###### Planning on entering the United States or Canada this year or in 2027? Avoid potential issues by consulting with a licensed immigration professional. 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More From My Visa Source [ Immigration Tools ](https://www.myvisasource.com/tools/) [ Express Entry CRS Calculator ](https://www.myvisasource.com/canadian-immigration/permanent-residence/express-entry/ee-crs-chatbot/) [ Language Point Calculator ](https://www.myvisasource.com/tools/ielts-celpip-tef-calculator/) [Twitter](https://twitter.com/MyVisaSource) [Facebook](https://www.facebook.com/MyVisaSource) [LinkedIn](https://www.linkedin.com/company/my-visa-source-law-mdp) US Immigration News # USCIS Added Market Research Analyst As a Specialty Occupation 2.3 minute read "A US federal court recently approved a settlement under which the US Citizenship and Immigration Services (USCIS) had to agree to classify ‘Market Research Analyst’ as a specialty occupation. This means that foreign nationals employed as market research analysts can now apply for an H-1B Visa." Written by My Visa Source Team Published on:  Nov 24, 2021 ![data analyst in front of multiple computer monitors with graphs my visa source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/200kb/data-analyst-in-front-of-multiple-computer-monitors-with-graphs-my-visa-source-200kb.jpeg) Begin your immigration journey now Click and fill out a free online assessment to see how we can help you. It takes less than 1 minute to fill out. [Free Assessment▸ ](https://www.myvisasource.com/free-assessment) Call and speak to our team, so that they can book a time with a licensed immigration professional who will answer all your questions. [Call Us Now▸ ](tel:1-888-509-1987) Recommended For You Author info: A US federal court recently approved a settlement under which the US Citizenship and Immigration Services (USCIS) had to agree to classify ‘Market Research Analyst’ as a specialty occupation. This means that foreign nationals employed as market research analysts can now apply for an H-1B Visa.  ## **What Is the H-1B Visa?** The [H-1B Visa](https://www.myvisasource.com/usa-immigration/us-work-visas/h-1b/) is for highly skilled foreign workers in occupations that require a bachelor’s degree or higher. They need to be employed in a specialty occupation or equivalent at the entry-level.  ## **What Was the Lawsuit?** Earlier, the USCIS did not classify market research analyst as a specialty occupation based on the Department of Labor’s Bureau of Labor Statistics publication that profiled hundreds of occupations in the US job market. This publication is known as the Occupational Outlook Handbook. The class-action lawsuit was filed by the following organizations in the federal district court Northern District of California: - American Immigration Council - American Immigration Lawyers Association - The law firm's Van Der Hout LLP, Berry Appleman & Leiden LLP, and Kuck Baxter Immigration LLC The settlement was approved by the federal district court and will also allow companies to request the USCIS to reopen and re-adjudicate their previously denied petitions for an H-1B Visa worker employed as a market research analyst. This presents a unique opportunity for US employers to have their H-1B Visa petitions approved under new guidelines established by the parties to the lawsuit. ### Subscribe to our magazine to stay up to date with Immigration news ## **What Are the Requirements for US Employers to Reopen their H-1B Visa Petitions?** The US employers will be required to establish that they are a MadKudu class member for the USCIS to reopen and re-adjudicate their previously denied H-1B petitions. Also, there must be some validity period left in their certified Labor Condition Application (LCA) submitted with the previous petition. Employers will not be required to pay any additional fee for such requests. They must submit this request until April 26, 2022, by submitting a Form I-290B, Notice of Appeal or Motion. Only employers who have filed a Form I-129, Petition for Nonimmigrant Worker for an H-1B Visa between January 1, 2019, and October 19, 2021, for a market research analyst, will be eligible to submit Form I-290B.  The USCIS has assured that they will decide on these petitions within 90 days, provided they meet all the requirements. The USCIS has also promised that they will try to prioritize the requests for petitions that have LCAs that will expire less than 90 days after Form I-290B is filed.  ## **How to File Form I-290B, Notice of Appeal or Motion? ** Employers will require the following when filing Form I-290B: - A cover sheet to identify that they are a member of the MadKudu class - The cover sheet must include the name of the office, service center, or Administrative Appeals Office (AAO) that decided on the previous petition - Include the copy of the previous petition that shows that it was filed between January 1, 2019- October 19, 2021, for the market research analyst occupation and was denied since market research analyst wasn’t considered a specialty occupation and that was the sole reason for denial - Demonstrate that the LCA has a certain amount of validity period left  - State that you wish to reopen the petition - Provide the receipt number for your Form I-129 petition - Confirm that the offer of employment is still valid - Indicate the new start date for the employee that falls within the validity period of the certified LCA previously submitted with the petition Questions About Immigration? 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