Huang v. Ultimo Software Solutions, Inc. (agency decision, April 18, 2019)

Plain-English summary

Dongsheng Huang asked the Board to review an ALJ's denial of a motion to renew a judgment and a later denial of reconsideration in an H-1B case involving Ultimo Software Solutions. The governing regulation required the Board to notify the parties and adjudicative offices within 30 calendar days if it accepted review. The Board issued notice that it would not accept the case. It did not explain the merits of the underlying judgment-renewal dispute. The petition was dismissed with prejudice.

Decision snapshot

• Cited authorities: 8 U.S.C. §§ 1101(a)(15)(H)(i)(b) and 1182(n); 20 C.F.R. § 655.845(c)
• Outcome: Review declined and petition dismissed with prejudice.
• Key point: The Board exercised its authority not to accept review under the H-1B regulation's 30-day notice process.

Full text (DOL official public release)

U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210

  In the Matter of:


  DONGSHENG HUANG,                                    ARB CASE NO. 2019-0047

         PROSECUTING PARTY,                           ALJ CASE NO. 2008-LCA-00011

         v.                                           DATE: April 18, 2019

  ULTIMO SOFTWARE SOLUTIONS, INC.,

         RESPONDENT.


  Appearances:

  For the Complainant:
        Dongsheng Huang; pro se; Houston, Texas

  Before: William T. Barto, Chief Administrative Appeals Judge, James A.
  Haynes and Daniel T. Gresh, Administrative Appeals Judges


              NOTICE OF DETERMINATION TO DECLINE REVIEW

         The Administrative Review Board (ARB) received a Petition for Review on
  April 10, 2019, from Dongsheng Huang requesting that the Board review a
  Department of Labor Administrative Law Judge’s Order Denying Motion To Renew
  Judgment, ALJ No. 2008-LCA-00011 (Feb. 2013, 2019) and Order Denying
  Reconsideration, ALJ No. 2008-LCA-00011 (Mar. 19, 2019), in connection with a
  case arising out of the Immigration and Nationality Act, as amended (INA). 1 The

  1      8 U.S.C. §§ 1101(a)(15)(H)(i)(b)(2014), 1182(n)(2013) and its implementing
  regulations at 20 C.F.R. Part 655, subparts H and I (2018).




  Secretary of Labor has delegated to the ARB the authority to act in review or on
  appeal of final decisions of an Administrative Law Judge (ALJ) under the INA. 2

         The INA’s implementing regulations provide that the ARB must notify the
  parties, the ALJ, and the Office of Administrative Law Judges (OALJ) “within 30
  calendar days” if it determines that it will review the ALJ’s decision(s). 3 The ARB
  hereby notifies the parties, the ALJ, and the OALJ that the ARB does not accept
  this case for review. 4

         Accordingly, the Petition for Review is DISMISSED with prejudice.

         SO ORDERED.




  2     Secretary’s Order 01-2019 (Delegation of Authority and Assignment of
  Responsibility to the Administrative Review Board), 84 Fed. Reg. 13072 (April 3, 2019).

  3      20 C.F.R. § 655.845(c).

  4      “Except as provided in [20 C.F.R.] §655.807, the Administrator [Wage and Hour
  Division] shall perform all the Secretary’s investigative and enforcement functions under
  sections 212(n) and (t) of the INA (8 U.S.C. § 1182(n) and (t)) and this subpart I and
  subpart H of this part.” 20 C.F.R. § 655.800(a).