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.

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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.

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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.

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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.

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CASE: H-1B Visa Petition
PETITIONER:  Consulting Company
BENEFICIARY: Bulgarian Management Analyst

Our client is a consulting company located 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 her Bachelor’s degree in Finance in Bulgaria and her MBA degree in the United States. The proffered position for the Beneficiary is a management analyst which qualifies as a specialty occupation.  This proffered position is clearly a “specialty occupation” because the minimum requirements for this position are a Bachelor’s Degree in Business / Finance or its equivalent.

Once retained, our office filed the H-1B visa petition with various supporting documents on March 31, 2014 via premium processing service. This H-1B petition was selected after the lottery and was processed. Our client’s H-1B application was approved on May 7, 2014.

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CASE: H-1B Change of Employer

PETITIONER: Elementary School

BENEFICIARY: Filipina Elementary School Teacher

LOCATION: New Mexico

Our client is a public grant elementary school for native Indians in New Mexico. They contacted our office to seek assistance from for their foreign employee. The beneficiary is from the Philippines and she obtained her Bachelor’s degree in English. The proffered position for the Beneficiary is an elementary school teacher which we argued qualifies as a specialty occupation

The foreign beneficiary in this case already had her H-1B from her previous employer which was in a similar industry.  She also has an approved I-140 petition which allows her to get a three year extension. Her H-1B status was not yet expired, and she wanted to extend her H-1B status on a change of employer basis.

After retention, our office filed the H-1B visa petition with various supporting documents on January 20, 2014 via premium processing.  Since this petition was based on a change of employer, this petition was exempt from the annual cap of the H-1B.  Thus, we could file prior to April 1, 2014.

However, the USCIS issued a Request for Evidence for this petition on January 30, 2014. The USCIS requested the beneficiary to submit her teaching license, employment verification with her most recent employer, and W-2 and pay stubs from her most recent employer. Our office helped the beneficiary and filed a Response to RFE to USCIS on April 25, 2014. Eventually, our client’s H-1B Petition was approved on April 28, 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 Change of Employer (Cap Exempt to Non Cap Exempt)

PETITIONER: Industrial Material Company

BENEFICIARY: Chinese Industrial Material Research Scientist

LOCATION: Ohio

Our client is an industrial material company focused on the production and commercialization of high-performance / non-immunogenic biomaterials for use in the medial and consumer healthcare arenas. They are located in Wooster, Ohio. They contacted our office in early January 2014 to seek legal assistance from our office for their foreign employee. The beneficiary is from China and he obtained his Master’s degree in Plant Pathology in the United States. The proffered position for the Beneficiary is an industrial material research scientist which qualifies as a specialty occupation. This proffered position is clearly a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Science/Engineering or its equivalent.

The foreign beneficiary in this case already had his H-1B visa from his previous employer.  However, his H-1B visa was not yet expired, and he wanted to extend his H-1B status on a change of employer basis. His H-1B at that time was with his first petitioner, which was a cap-exempt organization – a university.

There were articles online noting that when a change of employer is done from a cap-exempt organization to a non cap-exempt organization, that the change of employer may be subject to the cap. But there was no specific law on that. We simply based the application on the fact that it was a change of employer, and thus the petition should be exempted from the annual cap of the H-1B.

Once retained, our office filed the H-1B visa petition with various supporting documents on January 29, 2014 via regular processing.  Since this petition was based on a change of employer, we argued that this petition was exempt 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.  Our client did not even want to do premium processing. But in approximately two weeks, our client’s H-1B Petition was approved on February 14, 2014.  Now the Beneficiary can work for his Petitioner-Employer as an H-1B visa holder and he can work there for the next three years.

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CASE: H-1B Change of Employer

PETITIONER: Fashion Retailer Company

BENEFICIARY: Filipina Textile Product Designer

LOCATION: New York, NY

Our client is a nationwide fashion retailer headquartered in New York City. They contacted our office in late September 2013 to seek assistance from our office for their foreign employee. The beneficiary is from the Philippines and she obtained her Bachelor’s degree in fashion design and marketing. The proffered position for the Beneficiary is textile product developer/designer which we argued qualifies as a specialty occupation

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

After retention, our office promptly filed the H-1B visa petition with various supporting documents on November 5, 2013 via regular processing.  Since this petition was based on a change of employer, this petition was exempt from the annual cap of the H-1B.  Thus, we could file prior to April 1, 2014.  There were no Requests for Evidence during the processing of the H-1B.  Eventually, our client’s H-1B Petition was approved on February 13, 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: H1B Extension

PETITIONER: Pump Manufacturing Company

BENEFICIARY: Kenyan Sales Manager

LOCATION: West Virginia

Our client is a Sales Manager from Kenya who currently works at a hydraulic pumps and motors manufacturing company in West Virginia on a valid H-1B visa. His H-1B status was about to expire in September 2013.  Our client sought legal assistance from us for his H-1B 3-year extension and retained our office on September 18, 2013.

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 September 26, 2013 to the USCIS Vermont 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 February 4, 2014. The H-1B is good from October 1, 2013 to September 30, 2016.

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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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