Last week a federal judge ruled that from now on the USCIS will have to consider the eligibility of petitioners applying for a H1-B visa in the field of market research analysis. This lawsuit was filed by the American Immigration Lawyers Association (AILA), and a few other prominent law firms, whose staff have represented H1-B petitioners over the years. The suit against the USCIS specifically called into mind the fact the position of “market research analyst” was indeed a specialized career, and therefore should remain an eligible category to file under an H1-B petition.

The USCIS had previously denied petitions from non-citizens for market research analyst positions because they had not considered the field to be advanced enough for an H1-B visa.

What is a Market Research Analyst?

According to the Occupational Outlook Handbook, market research analysts study market conditions to examine potential sales of a product or service.[1] Most market research analysts need at least a bachelor’s degree, however some research positions may require a masters degree. Strong math and analytical skills are essential. In addition, market research analysts are employed throughout the economy and in diverse sectors. They have a median annual salary in the 60k range.[2]

One of the reasons the plaintiff was successful has to do with the fact that while you might only need a Bachelors degree to become a market research analyst, the field is still very competitive and requires highly skilled individuals to be able to conduct accurate analyses on whole industries. For example, as mentioned above, being skilled in statistics and data analysis is key for market research analysts, which provide all the more reason for the USCIS to consider this field “a specialty occupation”.  

Moving Forward

In addition to prospective applicants of the H1-B program, the USCIS will now have to re-open and re-adjudicate cases that were previously denied because the petitioner was seeking a non-citizen for a market research analyst position.

The fact that the USCIS will now most likely accept new positions for market research analysts is good news for the US economy and also several economic sectors that depend on foreign workers to fill key jobs in their organizations. This ruling will also assist the adjudication process for several H1-B petitioners in their journey to a green card, considering that the H1-B visa is a non-immigrant visa, but also in the dual intent category. Many H1-B holders file for an adjustment of status once they are a legal visa holder in the US.

For any reference or questions about job titles, descriptions, or other valuable information on different occupations held in a variety of US economic sectors, the Occupational Outlook Handbook can also be a great resource for immigrants or non-citizens seeking more information once they arrive in the United States.

A link to the Handbook can be found here: https://www.bls.gov/ooh/