CASE: I-485 (National Interest Waiver Category)

CLIENT: Korean

LOCATION: Raleigh, North Carolina

Our client contacted us in March 2012 regarding the possibility of doing a National Interest Waiver self-petition for him. He is a post-doctorate researcher and scientist in the field of Chemistry, and is currently working as a post-doctorate researcher in an academic institution in Raleigh, North Carolina.

His significant contributions have placed him at the pinnacle of the field of medicinal and organic chemistry. He is a leading scientist with an excellent reputation in the development of successful next generation cancer chemotherapeutics that are non-toxic under the action of magnetic waves which would eliminate many of the problematic toxicities that plague current cancer chemotherapeutics. Also, our client is currently developing nano-medicine platform technologies which are useful in addressing such intractable problems such as cancer, in a fundamentally new way.

Upon review of his credentials and qualifications, our office determined that he was 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 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 17-page brief for our client’s NIW filing. Our client also obtained 8 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication record, presentation record, 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 32 exhibits.

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on July 31, 2012.  However, on June 5, 2013, the USCIS issued a Request for Evidence for his I-140 petition. In response to the RFE request, our office prepared a brief which included notes from scientists in the field regarding updates of his work and the importance of his past work in cancer research and worldwide healthcare in general.  We also emphasized our client’s past accomplishments and the benefits of his work. Our Response to RFE was filed on June 27, 2013.  Eventually, on August 7, 2013, the USCIS Texas Service Center approved our client’s I-140 petition.

Once the I-140 petition was approved, our client retained our office again for his I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on September 5, 2013. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on November 21, 2013, the USCIS Texas Service Center approved our client’s adjustment of status application. Now, he finally is a green card holder.

{ 0 comments }

CASE: H-1B Visa Petition

PETITIONER:  Architectural Firm in Stamford, CT

BENEFICIARY: Architectural Draftsperson from Turkey

Our client is an architectural firm in Stamford, CT.  They contacted our office in late-February to seek legal assistance for their foreign employee. His wife also retained our firm but for a part-time position, and this was approved recently too, as stated in one of our success stories.

The beneficiary obtained his Bachelor’s Degree in Architecture. The proffered position for the Beneficiary is an architectural draftsperson.  We argued that this position is a “specialty occupation” and that the minimum requirement for this position is a Bachelor’s Degree in Architecture or its equivalent.

After retention, our office promptly filed the H-1B visa petition with various supporting documents on April 1, 2013 via regular processing. However, the USCIS Vermont Service Center issued a Request for Evidence (RFE) on September 4, 2013.

The USCIS argued that the offered position does not qualify as a “specialty occupation.” They claimed that a Bachelor’s degree was not required for this position.  They claimed that the beneficiary’s position is not specialized and complex enough to be qualified as a specialty occupation as the law requires.

In response to the RFE, our office argued in an 3-page response brief with 6 exhibits that the nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a Bachelor’s degree.  Moreover, we argued that the degree requirement is common to the industry in parallel positions among similar organizations. Furthermore, we included beneficiary’s sample work to further illustrate the complexity of the position.

Our office filed the response to the USCIS Vermont Service Center on September 23, 2013. Our client’s H-1B application was approved on November 13, 2013. Now the Beneficiary can work for the Petitioner on an H-1B status until September 12, 2016

{ 0 comments }

CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Cleveland, Ohio

Our client contacted us in April 2012 regarding the possibility of doing a National Interest Waiver self-petition for him. He is a post-doctorate researcher and scientist in the field of Material Science / Engineering, and is currently working as a post-doctorate researcher in an academic institution in Cleveland, Ohio.

His significant contributions have placed him at the pinnacle of the field of material science and engineering. He is a leading scientist with an excellent reputation in alloy design, especially in titanium alloys which are promising structural and functional materials for the next generation.

Our client successfully brazed Ti alloys which are mostly used in aerospace and chemical applications. Successfully joining titanium alloys is of great importance to national defense. He also developed very low-melting Ti-based filler alloys for Ti alloys. Lower brazing temperature would ensure lower risk of damaging aerospace components during processing

Upon review of his credentials and qualifications, our office determined that he was 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 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. You can also file for a work permit simultaneously.

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, patents, 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 58 exhibits.

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on November 8, 2012. Eventually, on November 14, 2013, the USCIS Nebraska Service Center approved our client’s I-140 petition.

{ 0 comments }

CASE: I-140 / National Interest Waiver

CLIENT: Korean

 LOCATION: Stanford, California

Our client contacted us in December 2012 about the possibility of doing a National Interest Waiver application. He is a post-doctorate researcher and scientist in the field of Aerospace Engineering and Science, and is currently working as a post-doctorate researcher in an academic institution in Stanford, California.

Our client is an extraordinary researcher and engineer in the field of Aerospace Engineering Research; specifically, new aerospace propulsion technology such as SCRAM-JET, supersonic flow control, and plasma physics.

His significant contributions have placed him at the pinnacle of the field of Aerospace engineering. Our client’s expertise is in the fields of plasma aided flow control, supersonic/hypersonic compressible flow and plasma assisted combustion. Throughout his research career, our client has provided innovative solutions for practical plasma flow control applications in supersonic and subsonic flows which were highly evaluated by various journal reviews and by colleagues and experts in the field.

Upon review of his credentials and qualifications, our office determined that he was qualified for the National Interest Waiver (NIW) category. Being qualified for the NIW is beneficial since you would not need an employer nor family member to petition 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 19-page brief for our client’s NIW filing. Our client also obtained 7 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 41 exhibits.

Our office filed his I-140(NIW) petition at the USCIS Nebraska Service Center on July 18, 2013.  Eventually, on October 24, 2013, the USCIS Nebraska Service Center approved our client’s I-140 petition.

{ 0 comments }

CASE: H-1B Visa Petition
PETITIONER:  Architectural Firm in Stamford, CT
BENEFICIARY: Architectural Draftsperson from Turkey

Our client is an architectural firm in Stamford, CT.  They contacted our office in late-February to seek legal assistance for their foreign employee.

The beneficiary obtained her Bachelor’s Degree in Architecture. The proffered position for the Beneficiary is an architectural draftsperson.  We argued that this position a “specialty occupation” and that the minimum requirement for this position is a Bachelor’s Degree in Architecture or its equivalent.

After retention, our office promptly filed the H-1B visa petition with various supporting documents on April 1, 2013 via regular processing. However, the USCIS Vermont Service Center issued a Request for Evidence (RFE) on September 5, 2013.

The USCIS argued that the offered position does not qualify as a “specialty occupation.” They claimed that a Bachelor’s degree was not required for this position.  They claimed that the beneficiary’s position is not specialized and complex enough to be qualified as a specialty occupation as the law requires.

In response to the RFE, our office argued in an 3-page response brief with 9 exhibits that the nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a Bachelor’s degree.  Moreover, we argued that the degree requirement is common to the industry in parallel positions among similar organizations. Furthermore, we included beneficiary’s sample work to further illustrate the complexity of the position.

Our office filed the response to the USCIS Vermont Service Center on September 23, 2013. Our client’s H-1B application was approved on October 25, 2013. Now the Beneficiary can work for the Petitioner on an H-1B status until September 16, 2016

{ 0 comments }

CASE: H-1B Visa Petition

PETITIONER:  Culture Center in Ohio

BENEFICIARY: Chinese Assistant Program Development Director

Our client is a Culture Center in Ohio that offers after-school and weekend educational programs for children and young students in the Greater Cleveland area. They contacted our office in the middle of March 2013 to seek legal assistance for its foreign beneficiary’s H-1B visa petition.

The beneficiary is a Chinese who obtained her Bachelor’s in Economics in China and also an MBA degree in the United States. The proffered position for the Beneficiary was for an Assistant Program Development Director which we argued qualified as a specialty occupation. We argued that the minimum requirement for this position is a Bachelor’s Degree in Economics/Business or its equivalent.

Upon retention, our firm prepared and eventually filed the H-1B visa petition with various supporting documents on April 1, 2013 via regular processing. The USCIS California Service Center issued a Request for Evidence (RFE) on July 2, 2013.

The USCIS argued that the offered position does not qualify as a “specialty occupation.” They claimed that the business was new and that a Bachelor’s degree was not required for this position.  They claimed that the beneficiary’s position is not specialized and complex enough to be qualified as a specialty occupation as the law requires.

In response to the RFE, our office argued in an 6-page response brief with 14 exhibits that the nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a Bachelor’s degree.  Moreover, we argued that the degree requirement is common to the industry in parallel positions among similar organizations.

Our office filed the response to the USCIS California Service Center on August 10, 2013. Our client’s H-1B application was approved on October 16, 2013. Now the Beneficiary can work for the Petitioner on an H-1B status until September 20, 2016

{ 0 comments }

CASE: H-1B Visa Petition
PETITIONER: Research Foundation in New York, NY
BENEFICIARY: Canadian Foundation Relations Development Specialist in Vancouver, B.C., Canada
ISSUES: Cap-Exempt, Research Organization

Our client is one of the leading research / grant making foundations in the United States. Its New York office contacted our office in late of September to seek legal assistance from our office for their foreign employee. The beneficiary previously worked as a coordinator and an acting officer of a large hospital in Canada and gained experience in development and fundraising database management.

The beneficiary currently is in Vancouver, B.C., Canada. The Beneficiary has a Bachelor’s and Master’s degree from the United States. The proffered position for the Beneficiary is a Foundation Relations Development Specialist. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree or its equivalent.

In the first week of April, the numerical cap of H-1B visas for fiscal year 2014 was already reached. However, our client is qualified for cap-exempt petitions since it is a non-profit research organization as defined in 8 C.F.R. 214.2(h)(19)(iii)(C). Under the provisions of INA Section 214(g)(5), “the numerical limitations contained in paragraph (1)(A) shall not apply to any non-immigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b) who –

(B) is employed (or has received an offer of employment) at a nonprofit research organization or a governmental research organization.”

The June 6, 2006 Michael Aytes’ Memo (Published by USCIS) on Guidance Regarding Eligibility for Exemption from the H-1B Cap Based on Section 103 of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313) outlines the fee and cap exemption for nonprofit research organization as defined in 8 C.F.R. 214.2(h)(19)(iii)(C).  Under 8 C.F.R. 214.2(h)(19)(iii)(C), a non-profit research organization is “an organization that is primarily engaged in basic research and/or applied research. Basic research is also research that advances scientific knowledge, but does not have specific immediate commercial objectives although it may be in fields of present or potential commercial interest.  It may include research and investigation in the sciences, social sciences, or humanities.  Applied research is research to gain knowledge or understanding to determine the means by which a specific, recognized need may be met.  Applied research includes investigations oriented to discovering new scientific knowledge that has specific commercial objectives with respect to products, processes, or services.  It may include research and investigation in the sciences, social sciences, or humanities.”

Thus, our office argued that our client-company is qualified as a non-profit research organization as defined in 8 C.F.R. 214.2(h)(19)(iii)(C).

Once retained, our office filed the H-1B visa petition with various supporting documents on October 7, 2013 via premium processing. There were no Requests for Evidence during the processing of the H-1B. Eventually, our client’s H-1B application was approved on October 10, 2013.  She can now work for her employer for three years on an H-1B status starting October 14, 2013.

{ 0 comments }

CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Nursing Care Company

BENEFICIARY: Kenyan

LOCATION: Akron, Ohio

Our client is a certified nurse practitioner, who is currently working at a nursing care company in Akron, Ohio under the OPT program. Her employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a certified nurse practitioner, she was eligible for “Schedule A” classification.

The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without having to file a Labor Certification with the Department of Labor. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. We argued that the position of Nurse Practitioner is included in Schedule A.

Our client has both a Bachelors and Masters degree in nursing. Our office was retained on May 21, 2013 and we started on the Prevailing Wage Determination filing and other related matters.

We filed the I-140 application on September 17, 2013 via premium processing. We included the job offer letter, the notice of filing, her pay stubs, and other necessary supporting documents. In our cover brief, we included the “ability to pay” argument and why nurse practitioners must fall under the Schedule A designation.  On September 30, 2013, without any Request for Evidence (RFE), the USCIS Nebraska Service Center approved her EB-2 I-140 petition.

When we filed her I-140 petition, the priority date for Kenyan nationals was current for the  EB-2 category, thus we also filed her I-485 adjustment of status application concurrently with the I-140 petition. Since the I-140 petition is approved, her I-485 adjustment of status application will likely be approved soon.

{ 1 comment }

CASE: H-1B Visa Petition

PETITIONER:  Nursing Care Company in Ohio

BENEFICIARY: Cambodian Compliance Manager

Our client is a Nursing Care Company in Ohio that works with individuals and doctors to design home care plans to meet their needs. They contacted our office in the middle of March 2013 to seek legal assistance for its foreign beneficiary’s H-1B visa petition.

The beneficiary is a Cambodian who obtained her Bachelor’s and Master’s Degree in Law in Cambodia, and also an LLM from George Washington University. The proffered position for the Beneficiary was for a Compliance Manager which we argued qualified as a specialty occupation. We argued that the minimum requirement for this position is a Bachelor’s Degree in Law or its equivalent.

Upon retention, our firm prepared and eventually filed the H-1B visa petition with various supporting documents on April 1, 2013 via regular processing. The USCIS Vermont Service Center issued a Request for Evidence (RFE) on May 23, 2013.

The USCIS argued that the offered position does not qualify as a “specialty occupation.” They claimed that the business was new and that a Bachelor’s degree was not required for this position.  They claimed that the beneficiary’s position is not specialized and complex enough to be qualified as a specialty occupation as the law requires.

In response to the RFE, our office argued in an 6-page response brief with 10 exhibits that the nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a Bachelor’s degree.  Moreover, we argued that the degree requirement is common to the industry in parallel positions among similar organizations.

Our office filed the response to the USCIS Vermont Service Center on June 12, 2013. Our client’s H-1B application was approved on September 17, 2013. Now the Beneficiary can work for the Petitioner on an H-1B status until September 23, 2016.

{ 0 comments }

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.

{ 0 comments }