CASE: H-1B Visa Extension Petition
PETITIONER:  E-Commerce Company in Addison, TX
BENEFICIARY: Korean Market Research Analyst

Our client is an E-commerce company in Addison, TX. They contacted our office in August 2021 to seek legal assistance for their foreign employee’s H-1B extension.  The beneficiary obtained his Bachelor’s Degree in Marketing. The proffered position for the Beneficiary is a Market Research Analyst. The argument would be to make the occupation at hand a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Marketing or its equivalent.  We also did their initial H-1B petition in 2018.  

Our office filed the H-1B visa petition with various supporting documents on September 7, 2021 via regular processing service. Eventually, our client’s H-1B application was approved on September 30, 2021.  His H-1B is good until September 11, 2024.

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CASE: H-1B Visa Petition

PETITIONER: School District in Eagle Butte, SD

BENEFICIARY: Filipina Elementary School Teacher

ISSUES: Cap-Exempt, Nonprofit Organization Affiliated with an Institution of Higher Education

Our client is a public school district affiliated with several institutions of higher education. They contacted our office in January 2021 to seek legal assistance from our office for their foreign employee. The beneficiary is an Elementary School Teacher from the Philippines who has been working for this employer for the last 5 years under a  J-1 status. Though she was subject to the INA 212(e), two-year foreign residency requirement, she obtained a J-1 waiver from the USCIS through our firm’s legal assistance. 

The proffered position for the Beneficiary is an Elementary School Teacher. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Education or its equivalent.

In the first week of April 2020, the numerical cap of H-1B visas for fiscal year 2021 was already reached. However, our client is qualified for cap-exempt petitions since it is a non-profit organization affiliated with an Institution of Higher Education as defined in 8 C.F.R. 214.2(h)(19)(iii)(B). 

Once retained, our office filed the H-1B visa petition with various supporting documents on January 26, 2021, via premium processing. On February 3, 2021, the USCIS issued a Request for Evidence (RFE) and requested our client to submit more documents to prove its affiliation with institutions of higher education. Our office prepared the response and filed the Response to RFE on March 30, 2021. Eventually, our client’s H-1B application was approved on April 13, 2021. She can now work for her employer for three years on an H-1B status.

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CASE: H-1B Change of Employer

PETITIONER: Dental Clinic

BENEFICIARY: Indian Dentist

LOCATION: Cleveland, OH 

Our client is a dental clinic located in Cleveland, Ohio.  They contacted our office in November 2020 to seek legal assistance for their foreign employee. The beneficiary is from India and he obtained his Doctor of Dental Surgery (DDS) degree and a dental license. The proffered position for the Beneficiary is an associate dentist which qualifies as a specialty occupation. 

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

Upon retention, our office promptly filed the H-1B visa petition with various supporting documents on December 7, 2020 via regular processing.  Since this petition was based on a change of employer, this petition was exempt from the annual H-1B cap.  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 December 22, 2020 even though it was filed via regular processing.  Now the Beneficiary can work for his Petitioner-Employer as an H-1B visa holder and he can work there for next three years.

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CASE: H-1B Visa Petition

PETITIONER: School District in New Town, ND

BENEFICIARY: Filipino Special Education Teacher

ISSUES: Cap-Exempt, Nonprofit Organization Affiliated with an Institution of Higher Education

Our client is a public school district affiliated with several institutions of higher education. They contacted our office in September 2020 to seek legal assistance from our office for their foreign employee. The beneficiary is a Special Education Teacher from the Philippines who has been working for this employer for several years under J-1 status. Though he was subject to the INA 212(e), two-year foreign residency requirement, he already obtained a J-1 waiver from the USCIS. 

The proffered position for the Beneficiary is a Special Education Teacher. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Education or its equivalent.

In the first week of April, the numerical cap of H-1B visas for fiscal year 2021 was already reached. However, our client is qualified for cap-exempt petitions since it is a non-profit organization affiliated with an Institution of Higher Education as defined in 8 C.F.R. 214.2(h)(19)(iii)(B). 

Once retained, our office filed the H-1B visa petition with various supporting documents on October 16, 2020, via premium processing. Eventually, our client’s H-1B application was approved on October 30, 2020 without any RFE.  He can now work for his employer for three years on an H-1B status.

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CASE: H-1B Extension
PETITIONER:  Nursing Care Facility in Des Plaines, IL
BENEFICIARY: Filipino Health Educator

Our client is a nursing home which is located in Des Plaines, IL. They contacted our office in August 2020 to seek legal assistance for their foreign employee’s H-1B extension.  The beneficiary obtained his Bachelor’s Degree in Nursing. The proffered position for the Beneficiary is a Health Educator which qualifies as a specialty occupation – a position where the minimum requirement is a Bachelor’s Degree in a specific specialty related to the position. We also note that we did an I-140 Petition for this client and it was approved.  

Upon retention, our office filed the H-1B visa petition with various supporting documents on August 28, 2020 via premium processing service. Eventually, our client’s H-1B application was approved on September 4, 2020.  His H-1B is good until August 31, 2023.

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CASE: H-1B Visa Petition

PETITIONER: School District in Eagle Butte, SD

BENEFICIARY: Filipino Junior High Math Teacher

ISSUES: Cap-Exempt, Nonprofit Organization Affiliated with an Institution of Higher Education

Our client is a public school district affiliated with several institutions of higher education. They contacted our office in March 2020 to seek legal assistance from our office for their foreign employee. The beneficiary is a Junior High Math Teacher from the Philippines who has been working for this employer for the last 5 years under a J-1 status. Though he was subject to the INA 212(e), two-year foreign residency requirement, he already obtained a J-1 waiver from the USCIS. 

The proffered position for the Beneficiary is a Junior High Math Teacher. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Education or its equivalent.

In the first week of April, the numerical cap of H-1B visas for fiscal year 2021 was already reached. However, our client is qualified for cap-exempt petitions since it is a non-profit organization affiliated with an Institution of Higher Education as defined in 8 C.F.R. 214.2(h)(19)(iii)(B). 

Once retained, our office filed the H-1B visa petition with various supporting documents on August 7, 2020 via premium processing. Eventually, our client’s H-1B application was approved on August 19, 2020 without any RFE.  He can now work for his employer for three years on an H-1B status.

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CASE: H-1B Visa Petition Extension

PETITIONER: School District in Mohave Valley, AZ

BENEFICIARY: Filipina Elementary Education Teacher

ISSUES: Cap-Exempt, Research Organization

Our client is a public school district affiliated with several institutions of higher education. They contacted our office in February 2020 to seek legal assistance from our office for their foreign employee. The beneficiary is an Elementary Education Teacher from the Philippines who has been working for this employer for last 5 years under J-1 / H-1B status. She wanted to extend her H-1B status which will be expired at the end of June 2020. 

The proffered position for the Beneficiary is an Elementary Education Teacher. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Education or its equivalent.

In the first week of April, the numerical cap of H-1B visas for fiscal year 2021 was already reached. However, our client is qualified for cap-exempt petitions since it is a non-profit organization affiliated with an Institution of Higher Education as defined in 8 C.F.R. 214.2(h)(19)(iii)(B) and it is an extension petition. 

Once retained, our office filed the H-1B visa petition with various supporting documents on March 19, 2020 via regular processing. Eventually, our client’s H-1B application was approved on April 28, 2020 without any Request for Evidence (RFE).  She can now work for her employer for next three years on an H-1B status.

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CASE: H-1B Extension

PETITIONER: Waste Management Company

BENEFICIARY: Indian Chief Financial Officer

LOCATION: Hudson, MA

Our client is a wastewater treatment and management company in Hudson, MA. They contacted our office in early December 2019 to seek legal assistance from our office for their foreign employee. The beneficiary is from India and obtained her Master’s degree in Business Administration. The proffered position for the Beneficiary is a Chief Financial Officer which qualifies as a specialty occupation. This proffered position is clearly a “specialty occupation” because the minimum requirements for this position are a Master’s Degree in Business Administration or its equivalent.  

The foreign beneficiary in this case already had her H-1B visa from our client (her current employer).  She wanted to extend her H-1B status. 

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on January 17, 2020. Since this petition was based on the extension, this petition was exempted from the annual cap of the H-1B.  Thus, we could file prior to the April 1. On January 30, 2020, our office sent premium processing upgrade request to the USCIS for this H-1B petition.

However, the USCIS issued Request for Evidence for our client’s H-1B case on February 14, 2020. The USCIS argued that proffered CFO position is not a “specialty occupation.” Our office filed an extensive RFE response to the USCIS on February 27, 2020.  Eventually, our client’s H-1B Petition was approved on March 12, 2020. Now the Beneficiary can work for her Petitioner-Employer as an H-1B visa holder and she can work there for next three years.

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CASE: H-1B Visa Extension Petition
PETITIONER:  Architecture Company in Cleveland, OH
BENEFICIARY: Architectural Designer from China

Our client is a leading company in Architecture, Urban Design, Interior Design and Planning in Cleveland, OH. They contacted our office in April 2019 to seek legal assistance from our office for their foreign employee’s H-1B extension.  The beneficiary obtained his Bachelor’s Degree in Architecture. The proffered position for the Beneficiary is an Architectural Designer which qualifies as a specialty occupation. We argued that this proffered position is clearly a “specialty occupation” because the minimum requirements for this position are a Bachelor’s Degree in Architecture or its equivalent. Moreover, our office helped this employer’s I-140 case in 2018 and it was approved by the USCIS. 

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on May 13, 2019 via the regular processing service. Eventually, our client’s H-1B application was approved on September 17, 2019.  His H-1B is good until September 2, 2022.

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CASE: H-1B Visa Petition

PETITIONER:  Dental Clinic

BENEFICIARY: Korean Dentist in Bedford, OH

Our client is a dental clinic located in Cleveland, Ohio.  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 his Doctor of Dental Medicine in the United States. Moreover, she is a licensed dentist in the state of Ohio. The proffered position for the Beneficiary is an associate dentist which clearly qualifies as a specialty occupation.

Upon retention, our office prepared and eventually filed the H-1B visa petition with various supporting documents on March 29, 2019 via regular processing service. This H-1B petition was selected after the lottery.  Eventually, our client’s H-1B application was approved on July 24, 2019.

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