Immigration attorneys have been helping firms file complaints against the government regarding employee visa decisions. Thus far, many of the suits have been decided in favor of the employer. Most of this litigation is focused on the denial of H-1B visas. The denial is a result of jobs not being classified as “specialty occupations,” and thus being interpreted by the USCIS as not qualifying for the visa. It may be the case that the definition of what kind of work does/does not qualify for the visa is being either interpreted incorrectly, or needs to be updated.
See Laura D. Francis, Bloomberg Law, February 4, 2019