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INNOVA SOLUTIONS, INC. v. BARAN

No. 19-16849.

983 F.3d 428 (2020)

INNOVA SOLUTIONS, INC., Plaintiff-Appellant, v. Kathy A. BARAN, Director of California Service Center, U.S. Citizenship and Immigration Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 16, 2020.

Attorney(s) appearing for the Case

David A. Wulkan (argued), Jonathan R. Sturman , and David M. Sturman , Law Office of David M. Sturman A.P.C., Encino, California, for Plaintiff-Appellant.

Elizabeth D. Kurlan (argued), Assistant United States Attorney; Sara Winslow , Chief, Civil Division; David L. Anderson , United States Attorney; United States Attorney's Office, San Francisco, California; Joseph H. Hunt , Assistant Attorney General; William C. Peachey , Director; Glenn M. Girdharry , Assistant Director; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Defendant-Appellee.

Mary Kenney (argued), Washington, D.C.; Leslie K. Dellon , Washington, D.C.; as and for Amicus Curiae American Immigration Council.

Before: Richard A. Paez and John B. Owens, Circuit Judges, and Morrison C. England, Jr., Senior District Judge.

OPINION

Innova Solutions, Inc. (Innova), a technology company that provides services including cloud storage and data analytics, appeals from the district court's denial of its challenge to the U.S. Citizenship and Immigration Services' (USCIS) refusal to issue an H-1B temporary worker visa. We

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