In the Matter of UMG Logistics today, Balca denied the case because they felt that knowledge of Spanish is not necessary for a truck driver who will deliver goods exclusively to a small community in Mexico. Balca said that the employer merely asserted that Spanish is required without giving evidence for it. Come on Balca and DOl, we all live in the US. We have all visited Mexico. Ok, maybe you have only visited Cancun, but surely you know a Mexican person whose English is not quite great. It does not take a genius to realize that you cannot do business in interior of Mexico without knowing Spanish.
Similarly, I was given a Request for Evidence (RFE) in a National Interest Waiver Case, asking me to prove that breast cancer research is National in scope and not local. We had to actually give National Statistics to prove that breast cancer is National.
But then, we never hired Federal workers for their ability to think and rationalize.
Contact Houston Immigration Lawyer, Annie Banerjee for more details