MEMORANDUM OPINION
ROSEMARY M. COLLYER, District Judge.
IQ Systems, Inc. complains that the U.S. Citizenship and Immigration Service ("USCIS"), an agency within the Department of Homeland Security, improperly denied its I-140 visa petition on behalf of intended beneficiary Ravi Kuma Akuthota. USCIS moves to dismiss for lack of jurisdiction and failure to state a claim. Because USCIS's denial of the visa petition was based
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