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 (Change of Employer)
PETITIONER:  Hotel-Chain Company
BENEFICIARY: Hotel General Manager

Our client is the fastest-growing extended hotel stay chain company in Ohio. They contacted our office in early April to seek legal assistance from our office for their foreign employee.  The beneficiary is from Pakistan and has extensive work history in the United States as a General Manager in one of the leading brand hotels for 15 years.

The issue was whether this position is a “specialty occupation”. We had to argue that the minimum requirement for this position is at least a Bachelor’s Degree in Business Administration / Hotel Management or equivalent.

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

After retention, our office filed the H-1B visa petition with various supporting documents on April 15, 2013 via regular processing.  Since this petition was based on a change in employer, this petition was exempted from the annual H-1B cap.

Eventually, without any request for evidence (RFE), our client’s H-1B Petition was approved on August 15, 2013.  Moreover, Beneficiary’s wife and minor son’s H-4 status was properly changed as well.

Now the Beneficiary can work for his Petitioner-Employer as an H-1B visa holder and he can work there until 2016.

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CASE: H-1B Visa Petition
PETITIONER: Healthcare staffing firm
BENEFICIARY: Pharmacist
ISSUES: Cap-Exempt, Research Organization, Off-Site Employment

Our client is one of the leading healthcare staffing firms in Northeast Ohio, serving the general staffing needs of regional hospitals and clinics. They contacted our office in early April to seek legal assistance from our office for their foreign employee.

The beneficiary is a licensed pharmacist who obtained his Doctor of Pharmacy degree in the United States. The proffered position for the Beneficiary is a Pharmacist. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Doctor of Pharmacy Degree with a registered Pharmacist license.

When our client contacted us, the numerical cap for H-1B visas for fiscal year 2014 was about to be reached. We could not process this case under the regular cap time frame given the short amount of time we had to prepare for the application. Our client was very disappointed and thought they would have to wait until April 1, 2014. Also, since the Petitioner is a staffing firm, their foreign employee will be placed at different hospitals (off-site employment issue). At that point our client thought it was impossible to file.

We told our client that we can argue that they are qualified for some of the exemption provisions of the H-1B cap. We explained that we can argue the nonprofit exemption, as well as cite some CIS memorandums regarding their eligibility despite off-site employment.

We showed that the main reason for cap-exemption is that the foreign employee will be placed at two hospitals which are non-profit research organizations as defined in 8 C.F.R. 214.2(h)(19)(iii)(C).

Our office argued that this H-1B petition is exempted from the H-1B numerical limitations (cap-exempt) because the Petitioner will employ the beneficiary to perform job duties at non-profit research organizations (two hospitals) as defined in 8 C.F.R. 214(h)(19)(iii)(C) that directly and predominately furthers the normal, primary, or essential purpose, mission, objectives, or function of the qualifying institution (nonprofit research).

We also argued that these two hospitals are clearly qualified as non-profit research organizations as defined in 8 C.F.R. 214(h)(19)(iii)(C). These two organizations are primarily engaged in basic research and/or applied research. Moreover, the beneficiary’s job duties, which will be performed on-site at qualifying non-profit research organizations, will be similar to those performed by actual employees (Pharmacists) of the two hospitals in the furtherance of the qualifying entities’ mission.

Furthermore, we explained that the Petitioner will comply with the statutory and regulatory requirements of the H-1B non-immigrant classification for the placement of the beneficiary at the two hospitals during the period of employment.  We mentioned that the beneficiary will be paid higher than the prevailing wage for the pharmacist position by the Petitioner, and Petitioner-Employer will maintain an employer-employee relationship with the beneficiary. The Petitioner has the right to control the work of the beneficiary on a day-to-day basis as well. We explained that the Petitioner has a sole right to hire, pay, and has the ability to fire the beneficiary as well.

Once retained, our office filed the H-1B visa petition with various supporting documents on April 19, 2013 via premium processing.

However, the USCIS California Service Center issued a Request for Evidence (RFE) on May 2, 2013 and requested Petitioner to demonstrate that the prospective places of employment for Beneficiary are truly non-profit organizations under the interpretation of the immigration laws for cap-exempt organizations. After we received the RFE request, our office prepared the response and argued that the prospective places of employment for Beneficiary are non-profit medical research organization and Beneficiary’s work will be similar to Pharmacists of those hospitals.  We submitted the name, address, and contact information of supervisors of each Pharmacy where Beneficiary will be placed.  We filed this Response to the RFE on June 14, 2013.

After our Response to RFE was received by the USCIS, our client’s H-1B application was approved on June 21, 2013.  She can now work for her employer for three years on an H-1B starting June 21, 2013.

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CASE: H-1B Visa Petition
PETITIONER:  Accounting Firm in Baltimore, Maryland
BENEFICIARY: Tax Accountant from Ghana

Our client is an accounting firm in Baltimore, MD.  They contacted our office in early-February to seek legal assistance from our office for their foreign employee.  The beneficiary obtained his Bachelor’s Degree in management science and accounting in 2012 in the United States.

The proffered position for the Beneficiary is tax accountant which qualifies as a specialty occupation.  We argued that this position is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in accounting or its equivalent.

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on April 1, 2013 via regular processing. Eventually, our client’s H-1B application was approved on June 12, 2013.  On October 1, 2013, he can work for his employer for the next three years on his H-1B status.

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CASE: H-1B Visa Petition
PETITIONER:  Accounting Firm in Baltimore, Maryland
BENEFICIARY: Staff Auditor from Trinidad and Tobago

Our client is an accounting firm in Baltimore, MD.  They contacted our office in early-February to seek legal assistance from our office for their foreign employee.  The beneficiary obtained his Bachelor’s Degree in accounting and completed his MBA program in the United States. The proffered position for the Beneficiary is staff auditor which qualifies as a specialty occupation.  We argued that this position a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in accounting or its equivalent.

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on April 1, 2013 via regular processing.

Eventually, our client’s H-1B application was approved on June 14, 2013.

On October 1, 2013, he can work for his employer for the next three years on H-1B status.

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CASE: H-1B Extension

PETITIONER: Electric Immersion Heater Manufacturer

BENEFICIARY: Indian Procurement Engineer

LOCATION: Cleveland, OH

Our client is a procurement engineer from India who currently works at an electric immersion heating manufacturing company in the greater Cleveland area. He is currently on a valid H-1B visa.

As our previous success stories show, he got his H-1B visa and I-140 petition through our legal assistance. His H-1B status was about to expire when his I-140 petition was approved. He retained our office in late September 2012 again, and sought legal assistance from us for his H-1B 3-year extension.

Ou office prepared his H-1B extension application. The Labor Condition Application was filed and approved and eventually our office filed the H-1B extension application on November 13, 2012 to the USCIS California Service Center. There was no Request for Evidence with the filing and the Petitioner did not opt for premium processing. The case was approved on January 30, 2013. The H-1B is good from February 14, 2013 to February 13, 2016.

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CASE: H-1B Extension

PETITIONER: Molded Component Manufacturer

BENEFICIARY: British Liquid Injection Molding (LIM) Process Engineering Manager

LOCATION: Cleveland, OH

Our client is a Liquid Injection Molding (LIM) process engineering manager from the United Kingdom who currently works at a molded component manufacturing company in the greater Cleveland area on a valid H-1B visa. As our previous success stories show, he got his EB-2 I-140 petition through our legal assistance. His H-1B status was about to expire when his I-140 petition was approved. He retained our office in early November 2012 again, and sought legal assistance from us for his H-1B 3-year extension.

Once we were retained, our office prepared his H-1B extension application. The Labor Condition Application was filed and approved and eventually our office filed the H-1B extension application on November 29, 2012 to the USCIS California Service Center. There was no Request for Evidence with the filing and the Petitioner did not opt for premium processing. The case was approved on January 28, 2013. The H-1B is good from December 1, 2012 to November 30, 2015.

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CASE: H-1B Extension

PETITIONER: Nursing Home Facility

BENEFICIARY: MDS Coordinator, Filipina

LOCATION: Illinois

Our client is an MDS Coordinator from the Philippines who currently works at a Nursing Care Facility in the greater Chicago area on a valid H-1B visa. Her H-1B status was about to expire before she retained our office in early June of 2012.  Our client sought legal assistance from us for her H-1B 3-year extension.

Once we were retained, 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 July 18, 2012 to the USCIS California Service Center. There was no Request for Evidence with the filing and the Petitioner did not opt for premium processing. The case was approved on January 11, 2013. The H-1B is good from October 1, 2012 to September 30, 2015.

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CASE: H-1B Visa Petition (Change of Employer)

PETITIONER:  Electric Engine / Turbine Manufacturing Company

BENEFICIARY: Global Sales Application Engineer

Our client is an Electric Engine/Turbine Manufacturing Company in Ohio. They contacted our office in early December to seek legal assistance for their foreign employee.

The beneficiary is from South Korea and obtained her Bachelor’s degree in Mechanical Engineering. The proffered position for the Beneficiary is a Global Sales Application Engineer which qualifies as a specialty occupation – the minimum requirement for this position is a Bachelor’s Degree in Mechanical Engineering or its equivalent.

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

Once retained, our office filed the H-1B visa petition with various supporting documents on December 14, 2012 via premium processing. Since this petition was based on a change in employer, this petition was exempted from the annual cap of the H-1B. There were no Requests for Evidence during the processing of the H-1B.  Eventually, our client’s H-1B Petition was approved on December 22, 2012.  Now the Beneficiary can work for her Petitioner-Employer as an H-1B visa holder and she can work there for next three years.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other H-1B success stories, please click here.

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CASE: H-1B Visa Petition
PETITIONER: Healthcare staffing firm
BENEFICIARY: Pharmacist
ISSUES: Cap-Exempt, Research Organization, Off-Site Employment

Our client is one of the leading healthcare staffing firms in Northeast Ohio, serving the general staffing needs of regional hospitals and clinics.

They contacted our office in late of October to seek legal assistance from our office for their foreign employee.

The beneficiary is a licensed pharmacist who obtained his Doctor of Pharmacy degree in the United States. The proffered position for the Beneficiary is a Pharmacist. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Doctor of Pharmacy Degree with a registered Pharmacist license.

Prior to our client contacting us, the numerical cap of H-1B visas for fiscal year 2013 was already reached. Our client was very disappointed and thought they would have to wait until April 1, 2013. Also, since the Petitioner is a staffing firm, their foreign employee will be placed at different hospitals (off-site employment issue). At that point our client thought it was impossible to file at this point.

We told our client that we can argue that they are qualified for some of the exemption provisions for the H-1B cap. We explained that we can argue the nonprofit exemption, as well as cite some CIS memorandums regarding eligibility for H-1B petitions despite off-site employment. We showed that the main reason for cap-exemption is that the foreign employee will be placed at two hospitals which are non-profit research organizations as defined in 8 C.F.R. 214.2(h)(19)(iii)(C).

Our office argued that this H-1B petition is exempted from the H-1B numerical limitations (cap-exempt) because the Petitioner will employ the beneficiary to perform job duties at non-profit research organizations (two hospitals) as defined in 8 C.F.R. 214(h)(19)(iii)(C) that directly and predominately furthers the normal, primary, or essential purpose, mission, objectives, or function of the qualifying institution (nonprofit research).

We also argued that these two hospitals are clearly qualified as non-profit research organizations as defined in 8 C.F.R. 214(h)(19)(iii)(C). These two organizations are primarily engaged in basic research and/or applied research. Moreover, the beneficiary’s job duties, which will be performed on-site at qualifying non-profit research organizations, will be similar to those performed by actual employees (Pharmacists) of the two hospitals in the furtherance of the qualifying entities’ mission.

Furthermore, we explained that the Petitioner will comply with the statutory and regulatory requirements of the H-1B non-immigrant classification for the placement of the beneficiary at the two hospitals during the period of employment.  We mentioned that the beneficiary will be paid higher than the prevailing wage for the pharmacist position by the Petitioner, and Petitioner-Employer will maintain an employer-employee relationship with the beneficiary. The Petitioner has the right to control the work of the beneficiary on a day-to-day basis as well. We explained that the Petitioner has a sole right to hire, pay, and has the ability to fire the beneficiary as well.

Once retained, our office filed the H-1B visa petition with various supporting documents on November 13, 2012 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 November 27, 2012. He can now work for his employer for three years on an H-1B status starting November 27, 2012.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other H-1B success stories, please click here.

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