Wednesday, April 05, 2017

Guo v. Lee: registration to practice before USPTO denied to F-1 visa holder

The initial text of the per curiam opinion:


Jinyang Guo submitted an application to the United
States Patent and Trademark Office for registration to
practice before it as a patent agent representing patent
applicants. Due to restrictions on his employment based
on his status as a nonimmigrant alien, the PTO’s Office of
Enrollment and Discipline (“Enrollment Office”) denied
Mr. Guo’s application. The Director of the PTO then
approved the denial, and the United States District Court
for the Eastern District of Virginia affirmed the Director’s
decision. Agreeing with the district court that the Director’s
decision was not arbitrary, capricious, an abuse of
discretion, or contrary to law, we affirm.
Mr. Guo, a citizen of the People’s Republic of China, is
lawfully present in the United States on an F-1 student
visa. In May 2014, he received a Juris Doctor degree from
Washington University in St. Louis. The next May, he
received a Master’s Degree in electrical engineering from
the same university.
As a nonimmigrant alien, see 8 U.S.C.
§ 1101(a)(15)(F)(i), Mr. Guo is subject to restrictions on
the type of employment he can pursue and accept, see
8 C.F.R. § 274a.12(c)(3). Mr. Guo holds an F-1 nonimmigrant
student visa,

Case 2017-1244


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