​​​​​​​Feds Can't Deny Executive's Visa Over Firm's Profitability 1 ​​​​​​​Feds Can't Deny Executive's Visa Over Firm's Profitability
Law360 (April 29, 2021, 4:14 PM EDT) — A New Jersey federal judge scolded U.S. Citizenship and Immigration Services for denying visa extensions to the cofounder of a data security company and his family, saying the agency’s focus on the company’s earnings is not covered by the relevant law.

U.S. District Judge Kevin McNulty declared USCIS’ refusal to extend Anand Mahendrabhai Naik’s L-1A executive transfer status arbitrary and capricious in his dismissal order Wednesday.

“The service’s focus on Sequretek’s profitability was misplaced. Profitability is not cited as a factor in the statute or regulations,” he said.

Not only did the agency fail to consider evidence that Naik’s company, Sequretek…