CASE: H-1B Visa Petition

PETITIONER: IT Consulting Company in New Jersey

BENEFICIARY: Indian Systems Analyst in India

Our client is an IT Consulting Company company located in New Jersey.  They contacted our office in the middle of February this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained his Bachelor’s degree in Computer Science in India. Beneficiary is currently residing at India. The proffered position for the Beneficiary is a Systems Analyst which we argued qualifies as a specialty occupation.

Upon retention, our office prepared and eventually filed the H-1B visa petition with various supporting documents on March 31, 2014 via regular processing. This H-1B petition was selected after the lottery.

Without any RFEs, our client’s H-1B petition was approved on July 22, 2014. Now, the beneficiary can apply for an H-1B visa at the U.S. Embassy in India, and upon the issuance of visa, he can work for the Petitioner from October 1, 2014 for three years.

{ 0 comments }

CASE: I-140 / National Interest Waiver

CLIENT: Taiwanese

LOCATION: Columbus, OH

Our client contacted us about the possibility of doing a National Interest Waiver. He is a post-doctorate researcher and scientist in the field of Bionanotechnology and polymer science, and is currently working as a post-doctorate researcher in an academic institution in Columbus, Ohio.

His significant contributions have placed him at the pinnacle of the field of bionanotechnology, biomedical engineering, polymer processing, thermo-fluid science, numerical simulation, and micro/nano technology. He is a leading scientist with an excellent reputation in the development of cell electroporation in micro/nanofluidic systems. He used the nanochannel to carry out electroporation. Our client is also doing research on DNA stretching dynamics in a modified molecular combining process.

Upon review of his credentials and qualifications, our office determined that he may be qualified for the National Interest Waiver (NIW) category. Being qualified for NIW is beneficial since you would not need an employer nor family member to petition for you for green card purposes. You’d be eligible for a self-petition and unless you are from China or India, in which case you’d still have to wait for priority dates to be current, you would be eligible to apply for adjustment of status (green card) immediately without any lag in priority dates.

As a primer, NIW applicants must have a master’s or higher degree. The landmark immigration case that discusses the standards for NIWs is Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm.1998). This case held that the qualifying applicant must show the following elements in his or her I-140 NIW petition: First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Next, it must be shown that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U. S. worker having the same minimum qualifications.

Our office prepared a 23-page brief for our client’s NIW filing. Our client also obtained 9 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication records, presentation records, and conference materials in the NIW application. We demonstrated the intrinsic merit of our client’s research in the United States, the national scope of his research, and asserted that our client would serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. His NIW application contained 36 exhibits (Exhibit A to OO).

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on March 10, 2014 along with his adjustment of status (I-485) application since EB-2 priority date for Taiwanese nationals were current. On July 17, 2014, the USCIS approved his I-140 petition without any Requests for Evidence.

{ 0 comments }

CASE: PERM Labor Certification

 EMPLOYER: Hospital

 BENEFICIARY: Thai Hospitalist

 LOCATION: Tennessee

Our client is a hospitalist (physician) from Thailand, who is currently working at a hospital which was willing to petition him for a second-preference petition (I-140).  Our client has an M.D. degree and is a licensed physician in the state of Tennessee. He has maintained his status as an H-1B visa holder in the United States.  After talking to our client, our firm concluded that his potential employer can petition him as a Hospitalist. Based on our client’s educational, professional and working background, our office determined that he is clearly eligible for EB-2 classification for his I-140 petition.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the foreign degree evaluation report, our office filed the job order on September 6, 2013.  On January 9, 2014, we promptly filed PERM.  Eventually, on June 23, 2014, the PERM Labor Certification was approved – an EB2 position for the Thai Hospitalist beneficiary. Now our client can file the I-140 Petition and I-485 green card application simultaneously since his priority date is current.

{ 0 comments }

CASE: PERM Labor Certification

EMPLOYER: Radio Broadcasting Company

BENEFICIARY: Zambian Business Operating Manager

LOCATION: Texas

Our client is a business operating manager from Zambia, who used to work at a radio broadcasting company in Texas under his OPT program. While he was working there, the company was willing to do an immigration petition for him, second-preference. Our client has a Master’s degree in Business Administration and has worked for this company for a year under the OPT program. Currently, our client is in F-2 status.

After talking to our client, our firm concluded that his potential employer can petition him as a Business Operating Manager. Based on our client’s educational, professional and working background as an engineer and management analyst, our office determined that he is eligible for EB-2 classification.

Prior to filing the PERM labor certification, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM Labor Certification application could be filed at least 60 days from the job posting date or 30 days from the last ad.

Within a week from our retention, the prevailing wage request was filed.  On January 9, 2014, we filed the PERM labor certification application.  Eventually, on June 23, 2014, the PERM labor certification was approved – an EB2 position for the Zambian Business Operating Manager. Now our client can file the I-140 Petition and the I-485 green card application since his priority date is current.

{ 0 comments }

CASE: I-140 (EB-2 Category)

EMPLOYER: Taekwondo (Martial Arts) School

BENEFICIARY: Korean

LOCATION: Erie, PA

Our client is a prominent Taekwondo master who is working as a Taekwondo coach. He had a Taekwondo school willing to do a second-preference petition (I-140) for him.  Our client has a Bachelors and Masters degree in a related field and has coaching experience. Although he had maintained his status as an O-1 visa holder in the United States, his previous green card application (Based on the EB-11 category) was denied.

After talking to our client, our firm decided that his potential employer can petition him as a Taekwondo Head Coach.  Second preference petitions for Koreans are current, which means that if a PERM Labor Certification for a second preference position gets approved, the I-140 and I-485 could be filed simultaneously. Based on our client’s educational, professional and working background, our office determined that he is clearly eligible for EB-2 classification. Our client eventually retained us for his PERM labor certification in January 2013.

As we stated in a previous success story, his PERM Labor Certification was approved on May 13, 2014 despite the issuance of Audit request.  After the PERM approval, our client retained us again for the I-140 petition.

We then proceeded with the I-140 Petition filing. One of the main requirements for the I-140 is that the petitioning company must show that it has the ability to pay the proffered wage for the beneficiary’s position.

The adjusted gross income was not enough. The current wage of the beneficiary was not enough. The net current assets were also not enough.

Thus, we attached the tax return schedule that showed the net current assets of the Petitioner and combined it with his wage to argue that this combination establishes Petitioner’s ability to pay the prevailing wage. A combination of the net current assets and our client’s current salary was over and above the prevailing wage and the proffered wage.

We included the job offer letter, employment verification letters from our client’s previous employers, and other necessary supporting documents.  The I-140 Petition was filed on June 2, 2014 via premium processing.  Eventually, on June 17, 2014, the I-140 EB2 Petition for our Korean client was approved.

{ 0 comments }

CASE: I-485 based on Approved I-140 (EB-3)

 APPLICANT: Korean

 LOCATION: Cleveland, OH

Our client is a chemist from South Korea, who is currently working at a large chemical company which was willing to petition her for a third-preference petition (I-140).  Our client has a Bachelor of Science degree and has worked for this company since she completed her undergraduate program. She has maintained her status as an H-1B visa holder in the United States.  She had an approved I-140 petition which was filed by her current employer and this I-140 petition’s priority date was August 9, 2012.

In March of this year, her priority date became current. She contacted our office and retained us for her I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on March 17, 2014. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on May 27, 2014, the USCIS Nebraska Service Center approved our client’s adjustment of status application. She is now a green card holder.

{ 0 comments }

CASE: H-1B Visa Petition

PETITIONER:  E-Commerce Merchandiser

BENEFICIARY: Korean Staff Accountant in Dallas, TX

Our client is an E-Commerce Merchandising company located in Dallas, Texas.  They contacted our office in early March of this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained her Bachelor’s degree in Business Administration / Accounting in South Korea and her Associate’s degree in the United States. The proffered position for the Beneficiary is a Staff Accountant which we argued qualifies as a specialty occupation.

Upon retention, our office prepared and eventually filed the H-1B visa petition with various supporting documents on March 31, 2014 via regular processing service. This H-1B petition was selected after the lottery. Our client’s H-1B application was approved on May 27, 2014.

{ 0 comments }

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

PETITIONER: Indian Restaurant

BENEFICIARY: Nepali

LOCATION: Ohio

ISSUE: Specialty Occupation / Degree Issues

Our client is an IT Consulting Company which is based in New Jersey. The beneficiary is from India who obtained a Bachelor’s degree in a related field.

The beneficiary had a previous H-1B so the Petitioner employer needed to file a change of employer petition for the beneficiary.  Prior to retaining our firm, the Petitioner-Employer filed an H-1B application on behalf of our client with help of their previous immigration counsel on October 21, 2013.

However, the USCIS mailed a Request for Evidence to the Petitioner-Employer and requested Petitioner to submit additional evidence to establish that the proffered position to the beneficiary qualified as a “Specialty Occupation” on March 10, 2014. The USCIS requested the Petitioner to submit more evidence regarding whether similar businesses in the same industry require a degree or its equivalent for the proffered position.

The USCIS was skeptical and argued that the proffered “Systems Analyst” position in Petitioner’s business did not qualify as a “Specialty Occupation”. They mentioned that 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 “Systems Analyst” position for this IT Consulting Company Petitioner required a bachelor’s degree or an equivalent to make this position a “specialty occupation.”

Once Petitioner-Employer received the Request for Evidence (RFE) from the USCIS, our client retained us to prepare the response. We gathered supporting documents from both the Petitioner and Beneficiary and did research on the industry, focusing on similarly sized businesses, to demonstrate that a bachelor’s degree is commonly required for this position.

In the response brief, our office argued that the degree requirement is common to this industry in parallel positions among similar organizations.  We provided evidence that the position of Systems Analyst or Computer Systems Analyst is a common position required by similarly sized IT consulting company.  Also, we provided evidence that Petitioner’s competitors normally require degrees in a specific specialty for closely related positions like that of Systems Analyst.  Moreover, our office asserted that the nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree in a specific specialty.

Our office filed a detailed Response to RFE brief with 16 exhibits to the USCIS Vermont Service Center on May 8, 2014.  Eventually, our client’s H-1B application was approved on May 20, 2014.

{ 0 comments }

CASE: H-1B Visa Petition

PETITIONER:  Beauty Supply Distributing / Retail Company

BENEFICIARY: Korean Product Safety / Quality Assurance Director

Our client is a large beauty supply material distributer / retailer in Cleveland, Ohio. They contacted our office in February of this year to seek legal assistance from our office for their foreign employee.

The beneficiary obtained his Bachelor’s degree in Chemical Engineering in South Korea and is pursuing his Associate’s degree in Accounting in the United States.  The proffered position for the Beneficiary is a Product Safety / Quality Assurance Director. We had to argue that this qualifies as a specialty occupation. We had to show that this position is a “specialty occupation” because the minimum requirements for this position are a Bachelor’s Degree in Chemical or Industrial Engineering or its equivalent.

Once retained, our office filed the H-1B visa petition with various supporting documents on March 31, 2014 via regular processing service. This H-1B petition was selected after the lottery and was thus processed.

Eventually, our client’s H-1B application was approved on May 16, 2014 without any Request for Evidence.  Starting October 1, 2014, he can work for his employer on an H-1B status for the next three years.

{ 0 comments }

CASE: H-1B Visa Petition
PETITIONER:  Surface Treatment Solutions Manufacturer
BENEFICIARY: Chinese Operations Research Analyst

Our client is one of the world’s largest surface treatment solutions manufacturing companies in the world. Located in Cleveland Ohio, they contacted our office in March of this year to seek legal assistance from our office for their foreign employee.

The beneficiary obtained her Bachelor’s degree in Management in China and her Master’s degree in Management with specialization in Operations Research and Supply Chain Management in the United States.

The proffered position for the Beneficiary is an operations research analyst which qualifies as a specialty occupation.  This position is a “specialty occupation” because the minimum requirements for this position are a Master’s Degree (even higher than a Bachelor’s degree) in Management or its equivalent.

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on March 31, 2014 via regular processing service. This H-1B petition was selected after the lottery and was thus processed.

Eventually, our client’s H-1B application was approved on May 13, 2014 without any Request for Evidence.  Starting October 1, 2014, she can work for her employer on an H-1B status for the next three years.

{ 0 comments }