CASE: H-1B1 Extension

PETITIONER: Education Consulting Organization

BENEFICIARY: Singaporean Market Research Analyst

LOCATION: Pennsylvania

Our client is an education consulting organization located in Western Pennsylvania. They contacted our office in January 2017 to seek assistance from our office for their foreign employee’s H-1B1 extension. The beneficiary is from Singapore and she has bachelor’s degree. The beneficiary has more than 10 years professional work experience in the field of management and marketing. The proffered position for the Beneficiary is a Market Research Analyst which we argued qualified as a specialty occupation. Since she is the Singaporean National, she was eligible to get H-1B1 status in 2016.

After retention, our office promptly filed the H-1B1 visa petition with various supporting documents on February 20, 2017 via regular processing. We also 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.

Moreover, in our brief, our office argued that the degree requirement is common to this industry in parallel positions among similar organizations.  Also, we provided evidence that Petitioner’s competitors normally require degrees in a specific specialty for closely related positions like that of Market Research 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.

Eventually, our client’s H-1B1 application was approved by the USCIS Nebraska Service Center on June 15, 2017. She can work for her employer until March 2018.  

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Indian
LOCATION: India

Our client is a citizen of India who came to the U.S. on a J-2 Visa in September 2012.  She came with her husband who held a J-1 Visa as a researcher.  Both were subject to the two-year foreign residency requirement.

Unfortunately, while they are residing in the United States, her marriage did not work out well. Eventually, she got divorced from her ex-husband in December 2016. Our client had an approved I-140 petition for her, but could not file adjustment of status application or immigrant visa petition unless she fulfills two year foreign residency requirement or obtains a waiver.

In March of this year, our client contacted our office. She retained our firm to do her J-2 waiver. On April 3, 2017, the J-2 Waiver (DS-3035) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client was divorced from the J-1 visa holder.  Eventually, on April 24, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Finally, the USCIS issued I-612 waiver approval notice on May 26, 2017.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Turkish
LOCATION: Virginia

Our client is a citizen of Turkey who came to the U.S. on a J-2 Visa in April 2007.  He came with his wife who held a J-1 Visa as a researcher.  Both were subject to the two-year foreign residency requirement. Since 2008, our client changed his status from J-2 to F-1 and pursued his graduate studies in the U.S.

Unfortunately, while they are residing in the United States, his marriage did not work out well. Eventually, he got divorced from his ex-wife.  Before he divorced with his ex-wife, he changed his status from J-2 to F-1. However, he was still subject to the two-year foreign residency requirement.  Our client wants to be petitioned by his prospective employer. Nevertheless, he cannot change his status to other non-immigrant visa in the United States because of the 2 year foreign residency requirement.

In April of this year, our client contacted our office. He retained our firm to do his J-2 waiver. On May 1, 2017, the J-2 Waiver (DS-3035) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client was divorced from the J-1 visa holder.  Eventually, on May 19, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Finally, the USCIS issued I-612 waiver approval notice on June 2, 2017.

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CASE: H-1B Visa Extension Petition

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 December 2016 to seek legal assistance from our office for their foreign employee’s H-1B extension. The beneficiary is from China and 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 requirements for this position are a Bachelor’s Degree in Science/Engineering or its equivalent.  Moreover, our office helped this employee’s previous H-1B case in 2014 and it was approved by the USCIS.

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on January 19, 2017 via regular processing service.  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.  There were no Requests for Evidence during the processing of the H-1B.  Eventually, our client’s H-1B Extension Petition was approved on February May 30, 2017.  Now the Beneficiary can continuously 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 Concurrent Employment

PETITIONER: University

BENEFICIARY: Zimbabwean Director of Global Integration & Projects Manager

LOCATION: Kansas

Our client is a university which is located in Kansas. They contacted our office in February 2017 to seek assistance from our office for their foreign employee’s H-1B based on concurrent employment category. The beneficiary is from Zimbabwe and he obtained his Ph. D. degree in chemistry. The proffered position for the Beneficiary is a Director of Global Integration & Projects Manager which we argued qualifies as a specialty occupation. He got his H-1B status with a different petitioner-employer in 2016.

After retention, our office promptly filed the H-1B visa petition with various supporting documents on March 9, 2017 via regular processing. We also gathered supporting documents from both the Petitioner and Beneficiary and argued that beneficiary’s position is a specialty occupation as the law requires.  Eventually, our client’s H-1B application was approved on April 27, 2017.  His H-1B is good until April 2020.

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CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, No Objection Statement

NATIONALITY: Malaysian

LOCATION: Sydney, Australia

Our Malaysian client came to the U.S. on a J-1 Visa in August 2010 to pursue his undergraduate degree. He completed his Bachelor’s program and promptly left the United States. In September 2016, he came back to the U.S. on a valid J-1 visa as a short-term scholar in California. However, his J-1 visa made him subject to the two-year foreign resident requirement.  His work and training program in the U.S. enhanced our client’s interest in his field, and he would like to gain employment in the U.S. beyond his J-1 time.  However, due to the two-year foreign residency requirement, he had to obtain a waiver first before he could change his current status in the United States.

After he retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Malaysian Embassy in the United States.  Our office contacted the Malaysian Embassy in Washington D.C. to make sure we knew all the requirements needed for their office to issue a no objection statement.  The Embassy requested different documents including a statement of reason for the waiver.

On November 18, 2016, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Malaysian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file a change of status application but for the waiver.

The Malaysian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division. The Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued a receipt and an I-612 approval notice on May 4, 2017.  

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Korean
LOCATION: Ithaca, New York

Our client is a citizen of South Korea who came to the U.S. on a J-2 Visa in August 2013.  She came with her husband who held a J-1 Visa as a researcher.  Both were subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work outl. Eventually, she got divorced from her ex-husband.  Before she divorced with her ex-husband, she changed her status from J-2 to F-1. However, she was still subject to the two-year foreign residency requirement.  Our client pursued her graduate studies in the United States, and wants to be petitioned by her prospective employer. Nevertheless, she cannot change her status to other non-immigrant visas in the United States because of the 2 year foreign residency requirement.

In March of this year, our client contacted our office. She retained our firm to do her J-2 waiver. On April 4, 2017, the J-2 Waiver (DS-3035) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client was divorced from the J-1 visa holder.  Eventually, on April 24, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Finally, the USCIS issued I-612 waiver approval notice on May 3, 2017.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Honduran

LOCATION: Missouri

Our client was a citizen of Honduras who came to the U.S. on a J-2 Visa in August 1991.  He came with his father who came on a J-1 Visa for his research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas. After his father’s J-1 program was completed, his family remained in the United States.

He turned 21 in December 2000. He has a U.S. citizen fiancé who can file an I-130 petition for him after their marriage is entered. However, because of his two-year foreign residency requirement, our client cannot file his adjustment of status application in the United States without the fulfillment of requirement or the waiver.

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in December 2000.

Our firm was retained to do his J-2 waiver, and on March 10, 2017, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on March 27, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On April 5, 2017, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement 

NATIONALITY: Kenyan                                                                                                        

LOCATION: Colorado

Our client is from Kenya who came to the U.S. on a J-1 Visa in February 2016 to work at a non-profit organization in the U.S.  His program sponsor was willing to sponsor our client longer if he can change his non-immigrant status. However, he will not be able to change his status unless he gets a waiver of the 2-year foreign residency requirement.  When he came to the United States in 2016, his program made him subject to the 2-year foreign residency program.

Thereafter, our office promptly prepared for filing a waiver request through a No Objection Statement (NOS) from the Kenyan Embassy in the United States. Every country’s Embassy maintains different procedures and policies with regard to the J-1 No Objection Statement waiver.  Our office promptly contacted the Kenyan Embassy in D.C. to pursue the waiver for our client.  The Embassy requested several documents including a statement of reason for the waiver, the clearance letter from J-1 program sponsor, Clearance certificate from HELB and KSCE in Kenya, and a letter of reason for obtaining J-1 waiver. 

On March 16, 2017, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Kenyan Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to change his status if he gets the waiver.

Eventually, the Kenyan Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On April 14, 2017, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On April 24, 2017, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement. Now, our client can change his status.  

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CASE: Change of Status from B-2 to F-2

CLIENT: Indian

LOCATION: Cleveland, OH

Our client came from India on a valid B-2 visa in April 2016. She came here to see her husband who was pursuing his studies in the United States as an F-1 student. Later, she decided to stay in the United States with his wife as F-2, a dependent of an F-1 visa holder. She filed her I-539 change of status application to the USCIS in September 2016. However, she received a Request for Evidence from the USCIS on January 18, 2017. She retained our office for the response to RFE for her case on January 26, 2017.  

Once retained, we helped our client obtain supporting documents for the response to RFE. We prepared the response brief along with evidence to demonstrate that she has properly maintained her B-2 status, did not have intention to file F-2 when she first came, and why she wants to change her status from B-2 to F-2. We filed Response to RFE application along with supporting documents to USCIS on February 9, 2017. Eventually, on February 27, 2017, the Change of Status was approved. Our client is now on F-2 and can stay with her husband in the United States until his studies finishes.

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