Govindarajan v. N2 Services, Inc. (agency decision, October 26, 2021)

Plain-English summary

The Board dismissed Vasanth Govindarajan's H-1B case in March 2021 and denied his first reconsideration motion because it did not satisfy the limited grounds for reconsideration. It later denied his second and third motions. Govindarajan filed a fourth motion raising arguments similar to those in his earlier requests. The Board held that it had already considered those arguments and that they still did not meet its reconsideration standard. It denied the fourth motion and stated that it would not consider any further reconsideration motions.

Decision snapshot

• Cited authorities: 8 U.S.C. §§ 1101(a)(15)(H)(i)(b) and 1182(n); 20 C.F.R. § 655.850; 5 U.S.C. §§ 701-706
• Outcome: Fourth reconsideration motion denied; no additional reconsideration motions will be considered.
• Key point: Repeated arguments that have already failed the Board's reconsideration standard do not support another reconsideration request.

Full text (DOL official public release)

U.S. Department of Labor Administrative Review Board
200 Constitution Ave. NW
Washington, DC 20210-0001

  In the Matter of:

  VASANTH GOVINDARAJAN,                              ARB CASE NO.        2020-0032

                PROSECUTING PARTY,                   ALJ CASE NO.        2020-LCA-00001

         v.                                          DATE: October 26, 2021

  N2 SERVICES, INC.

                RESPONDENT.


  Before: James D. McGinley, Chief Administrative Appeals Judge, and
  Thomas H. Burrell, Administrative Appeals Judge


                            ORDER DENYING FOURTH
                          MOTION FOR RECONSIDERATION

       PER CURIAM. This proceeding arises under the H-1B visa program of the
  Immigration and Nationality Act, as amended (INA).1

        On March 17, 2021, the Administrative Review Board (ARB or Board)
  dismissed this case.2 Subsequently, Complainant requested that the Board
  reconsider our decision, which the Board denied by Order dated May 25, 2021,
  because Complainant’s arguments for reconsideration did not fall within the limited




         1    8 U.S.C. § 1101(a)(15)(H)(i)(b) (2014) and 8 U.S.C. § 1182(n) (2013). The statute
  has implementing regulations at 20 C.F.R. Part 655, Subparts H and I (2021).
         2       Govindarajan v. N2 Services, Inc., ARB No. 2020-0032, ALJ No. 2020-LCA-
  00001, slip op. at 2 (ARB Mar. 17, 2021) (per curiam) (Order Dismissing Complaint).

                                         2

circumstances for reconsideration.3 However, the Board’s Order explained that Complainant could petition for review of the Board’s Decision.4

  On May 26, 2021 and October 6, 2021, Complainant filed his second and third

Motions for Reconsideration, which the Board denied by Order dated October 8, 2021.

  On October 10, 2021, Complainant filed his fourth Motion for

Reconsideration, which raised similar arguments to Complainant’s previous Motions for Reconsideration. The Board has already considered these arguments and they still do not meet the standard for reconsideration cited in the Board’s first Order denying reconsideration dated May 25, 2021.5

  Accordingly, we DENY the Complainant’s fourth Motion for Reconsideration.

Furthermore, the Board will not consider any additional motions for reconsideration.

   SO ORDERED.




   3     Govindarajan v. N2 Services, Inc., ARB No. 2020-0032, ALJ No. 2020-LCA-

00001, slip op. at 2-3 (ARB May 25, 2021) (per curiam) (Order Denying Motion for Reconsideration).
4 Id. at 3 n.3. The May 25, 2021 Order explained that Secretarial Review was
available under Secretary’s Order No. 01-2020 (Delegation of Authority and Assignment of Responsibility to the Administrative Review Board (Secretarial review)), 85 Fed. Reg. 13186, 13188 at (6)(b)(1) (Mar. 6, 2020). Id. Moreover, the May 25, 2021 Order stated that judicial review was available pursuant to 20 C.F.R. § 655.850 and 5 U.S.C. §§ 701-706. Id.
5 Gupta v. Headstrong, Inc., ARB Nos. 2015-0032, -0033, ALJ No. 2014-LCA-
00008, slip op. at 2 (ARB Feb. 14, 2017) (Order Denying Motion for Reconsideration) (citation omitted).