deference means the court should defer to the agency’s reading of its own specialty occupation regulation.”courts should defer to a federal agency’s actions. “As the Supreme Court recently explained: [A] court should not afforddeference unless the regulation is genuinely ambiguous. . . . If uncertainty does not exist, there is no plausible reason for deference. The regulation then just means what it means – and the court must give it effect, as the court would any law. . . .
“USCIS uses a convoluted, nearly indecipherable rationale to define the word ‘degree’ to mean ‘not just a degree,’ but a degree in a specific specialty,” said Banias. “Based on this rationale, the agency would find if the position could be filled by someone with a mechanical engineering degree or an electrical engineering degree, USCIS would say that position is not a specialty occupation because it does not require a lone type of degree in a specific specialty.
After detailing the relevant legislative and regulatory history, Judge Auld reached his conclusion. “The question then becomes whether the [USCIS] Decision’s particular interpretation of the Provision – as requiring a degree in one singular subspecialty – warrants deference. See. . . It does not,” he wrote. “To begin, Defendant has not shown that the Decision reflects ‘the [A]gency’s ‘authoritative’ or ‘official position,’ rather than a more ad hoc statement not reflecting the [A]gency’s views.
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