CASE: I-821D Application for Consideration for Deferred Action of Childhood Arrivals / I-765 Employment Authorization Document

APPLICANT / BENEFICIARY: Albanian Client in Maryland, MD

As our office explained before on our website, the USCIS issued a memorandum in August 2012 regarding deferred action of childhood arrivals cases.  According to the USCIS Deferred Action Memorandum issued in August 2012, an individual who meets the following criteria may apply for deferred action:

• Was under the age of 31 as of June 15, 2012;
• Came to the U.S. before reaching his/her 16th birthday;
• Has continuously resided in the U.S. since June 15, 2007, up to the present time;
• Was physically present in the U.S. on June 15, 2012, and at the time of application to the USCIS;
• Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
• Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
• Has not been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;

As of June 15, 2012, our client was twenty-one (21) years old.   Also, our client was studying at a college in the state of Washington when he initially filed his DACA. Our client graduated from high school in the United States.  Also, since his last entry to the United States in November 2004, our client never left.

He was physically present in the United States on June 15, 2012 and has continuously resided here since November 2004. Our client has never been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.  So, our client was clearly eligible for deferred action. Eventually, he filed for the deferred action and his DACA was approved in March 2013.

In early January of 2015, he retained our office for the renewal of his DACA application.  Our client sent us supporting documents that prove our client’s education history, physical presence in the United States, and his initial entry to the United States.  Our office also prepared Form I-821D and I-765, and drafted a detailed cover letter demonstrating why our client should merit this relief.

On January 8, 2015, our office filed his I-821D and I-765 to the USCIS.  Eventually, on March 20, 2015, the USCIS approved our client’s I-821D and I-765.

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CASE: H-1B Change of Employer

PETITIONER: Advertising Media Company

BENEFICIARY: Albanian Graphic Designer

LOCATION: Nevada

Our client is an advertising media company in Nevada. They contacted our office in early November 2013 to seek legal assistance for their foreign employee. The beneficiary is from Albania and obtained her Bachelor’s degree in graphic design. The proffered position for the Beneficiary is a graphic designer which we argued qualifies as a specialty occupation.

The foreign beneficiary in this case already had her H-1B visa from her previous employer which was in a similar industry.  However, her H-1B visa was not expired yet, and she wanted to extend her H-1B status on a change of employer basis.

After retention, our office filed the H-1B change of employer with various supporting documents on November 26, 2013 via regular processing service.  Since this petition was based on a change in employer, this petition was exempted from the annual cap of the H-1B.  Thus, we could file prior to April 1.  There were no Requests for Evidence during the processing of the H-1B.  Eventually, our client’s H-1B Petition was approved on January 21, 2014.  Now the Beneficiary can work for her Petitioner-Employer as an H-1B visa holder and she can work there for the next three years.

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CASE: H-1B Extension

PETITIONER: Advertising Media Company

BENEFICIARY: Albanian Graphic Designer

LOCATION: California

Our client is a Graphic Designer from Albania who currently works at an Advertising Media Company in the greater Los Angeles area. She is on a valid H-1B visa. Her H-1B status was about to expire in September 2013.  Our client sought legal assistance from us for her H-1B 3-year extension and retained our office on March 14, 2013.

Upon retention, our office prepared her H-1B extension application.  The Labor Condition Application was filed and approved and eventually our office filed the H-1B extension application on May 17, 2013 to the USCIS California Service Center. We made sure there were sufficient arguments and documents to support the case that a “graphic designer” in this instance is a “specialty occupation.” There was no Request for Evidence with the filing and the Petitioner did not opt for premium processing. The case was approved on September 11, 2013. The H-1B is good from October 1, 2013 to September 30, 2016.

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CASE: H-1B Visa Petition – Response to Request for Evidence

PETITIONER: Advertising Media Company

BENEFICIARY: Albanian

LOCATION: California

ISSUE: Specialty Occupation

Our client is an advertising media company in California. The beneficiary is from Albania, obtained both a Bachelors and Masters degree in the United States and worked for her employer under the OPT program.  The Petitioner-Employer filed an H-1B application on behalf of our client on June 21, 2010 by themselves.  However, USCIS mailed a 5-page Request for Evidence to the Petitioner-Employer and requested Petitioner to submit additional evidence to establish that the proffered position to the beneficiary qualifies as a “Specialty Occupation.”

The USCIS was skeptical and argued that the proffered “Graphic Designer” position does not qualify as a “Specialty Occupation” under the federal immigration law.  Indeed, the law clearly states that an H-1B classification may be granted to an alien who will perform services in a specialty occupation which requires theoretical and practical application of a body of highly specialized knowledge and attainment of a baccalaureate or higher degree or its equivalent as a minimum requirement for entry into the occupation in the United States, and who is qualified to perform services in the specialty occupation because she has attained a baccalaureate or higher degree or its equivalent in the specialty occupation.

The main issue for the client’s H-1B application was whether the “graphic designer” position requires a bachelor’s degree in graphic design or an equivalent degree which makes this position a “specialty occupation.”  Once Petitioner-Employer received the Request for Evidence (RFE) the from USCIS, our client retained us to prepare for the response. We gathered supporting documents from both the Petitioner and Beneficiary and did research on the advertising media industry to demonstrate that a bachelor’s degree is commonly required for graphic designer positions industry-wide.

Attorney Sung Hee (Glen) Yu prepared a detailed cover letter to the USCIS with 15 exhibits (supporting documents) as a response to the RFE.  The exhibits included information regarding the Petitioner-Employer, a detailed letter from Petitioner-Employer regarding the position and past employment practices, advertisements for “graphic designers” proving that a Bachelor’s degree in graphic design or the like is required, etc.

Our office filed the response to RFE with the USCIS California Service Center on November 2, 2010.  Our client’s H-1B application was approved on December 6, 2010.  Now our client can work for her employer as an H-1B visa holder and she can work there for next three years.

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