CASE: H-1B Visa Petition

PETITIONER:  Law Firm

BENEFICIARY: Lawyer

Our client is a boutique law firm. The beneficiary  obtained his Juris Doctor (J.D.) degree in the United States and is admitted in a State Bar to practice law. The proffered position for the Beneficiary is an associate attorney which clearly qualifies as a specialty occupation. One could not work as an associate attorney without having a bar license, which one could not even apply for without a law degree (which equates to a “Master’s Degree or Higher” standard for H-1B petitions).

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on December 14, 2010 via premium processing service. There were no Requests for Evidence during the processing of the H-1B.  Eventually, our client’s H-1B application was approved on December 27, 2010 which was within two weeks.  Now our client can work as an associate attorney for his employer as an H-1B visa holder and he can work there for next three years.

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

{ Comments on this entry are closed }

CASE: H-1B Visa Petition

PETITIONER: IT Consulting Company

BENEFICIARY: Mexican

LOCATION: Ohio

ISSUE: Third-Party Placement / Consulting Company Issue

Our client is an IT consulting company in Ohio. The beneficiary is a Mexican who obtained a Bachelor of Engineering degree.  The proffered position for the Beneficiary was a computer systems analyst which qualifies as a specialty occupation.  Previously, the petitioner filed an H-1B visa petition on behalf of the beneficiary, but it was denied by the USCIS due to third-party placement issue.

Thereafter, our office promptly filed the H-1B visa petition with various supporting documents on November 10, 2010 via premium processing service. On November 24, 2010, the USCIS requested the petitioner to submit additional evidence to rebut the third-party placement issue.  This issue of “in-house” employment was the main reason why the beneficiary’s previous H-1B visa petition was denied. This issue has been prevalent since a memorandum was issued over a year ago targeting IT and Business Consulting companies, as they typically act as a bridge to eventually place their employees under the control of their clients – a third party.

Upon our receipt of the RFE from the USCIS, Attorney Sung Hee (Glen) Yu prepared a detailed response with several exhibits as a response to the RFE.  The exhibits included information regarding the Petitioner-Employer, a detailed letter from Petitioner-Employer regarding the beneficiary’s In-House Employment, and various charts and spreadsheets detailing the particular in-house project of the position. In the cover letter to the USCIS, Attorney Yu explained the nature of the in-house employment setting between the Petitioner and the Beneficiary with a detailed explanation of specific projects that the beneficiary will work on at the Petitioner’s own site. Our firm also submitted various supporting documents to illustrate to the CIS the complexity of beneficiary’s project.

Our office filed the response to RFE with the USCIS California Service Center on December 21, 2010.  Our client’s H-1B application was approved on December 28, 2010.  It was approved within a week after the response to RFE was filed.  Now our client can work for his employer as an H-1B visa holder and he can work there. His wife’s I-539 H-4 application was also approved.

FREE CONSULTATIONS

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

{ Comments on this entry are closed }

CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce, I-130, and I-485 Green Card Process

NATIONALITY: Filipino

LOCATION: New Jersey

Our client is a Filipino national who came to the U.S. on a J-2 Visa. He came with his ex-wife who was on a J-1 Visa. Both were subject to the two-year foreign residency requirement, meaning you would have to go back to your home country for two-years before you can apply for permanent residency and some non-immigrant visas. (Please read the article below for more details about J-1 Waiver and 2 year foreign residency requirement).

He got divorced from his wife and later on thought of marrying his U.S. Citizen girlfriend. He consulted with our firm on whether he can apply for a green card upon marriage. We told him he could not because he is still subject to the two-year foreign residency requirement. We first had to do a waiver of this requirement. Our firm was retained to do this J-2 waiver on April 7, 2010. On April 9, 2010 the J-2 Waiver 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 is divorced from the J-1 visa holder. On April 28, 2010 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On May 28, 2010, the USCIS approved the waiver of the 2-year foreign residency requirement.

After our office got his waiver, our client got married in a few months. Our office then filed the I-130 Petition, I-765 Work Authorization Form and I-485 Adjustment of Status Application on September 3, 2010. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. On November 10, 2010, our client got his work authorization card from the USCIS.

In early December, Attorney Sung Hee (Glen) Yu thoroughly prepared our client and his wife for their upcoming USCIS marriage interview. We prepared our clients with potential questions at the interview.  On December 9, 2010, our client was interviewed in Newark, New Jersey. Attorney Sung Hee (Glen)Yu accompanied the clients at the interview as well.  After the interview, on the same day, the USCIS officer granted our client’s adjustment of status application.  Our client finally is now a green card holder.

Pursuant to federal immigration law, our office first obtained a J-2 waiver for our client before we filed the I-130/I-485.  Our client’s J-2 waiver was approved less than two months after we filed it.  Also, it only took three months for our client to get his green card once we filed client’s I-130 and I-485 applications simultaneously.

FREE CONSULTATIONS

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

{ Comments on this entry are closed }

CASE: H-1B Visa Petition – Response to Request for Evidence

PETITIONER: Advertising Media Company

BENEFICIARY: Albanian

LOCATION: California

ISSUE: Specialty Occupation

Our client is an advertising media company in California. The beneficiary is from Albania, obtained both a Bachelors and Masters degree in the United States and worked for her employer under the OPT program.  The Petitioner-Employer filed an H-1B application on behalf of our client on June 21, 2010 by themselves.  However, USCIS mailed a 5-page Request for Evidence to the Petitioner-Employer and requested Petitioner to submit additional evidence to establish that the proffered position to the beneficiary qualifies as a “Specialty Occupation.”

The USCIS was skeptical and argued that the proffered “Graphic Designer” position does not qualify as a “Specialty Occupation” under the federal immigration law.  Indeed, 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 “graphic designer” position requires a bachelor’s degree in graphic design or an equivalent degree which makes this position a “specialty occupation.”  Once Petitioner-Employer received the Request for Evidence (RFE) the from USCIS, our client retained us to prepare for the response. We gathered supporting documents from both the Petitioner and Beneficiary and did research on the advertising media industry to demonstrate that a bachelor’s degree is commonly required for graphic designer positions industry-wide.

Attorney Sung Hee (Glen) Yu prepared a detailed cover letter to the USCIS with 15 exhibits (supporting documents) as a response to the RFE.  The exhibits included information regarding the Petitioner-Employer, a detailed letter from Petitioner-Employer regarding the position and past employment practices, advertisements for “graphic designers” proving that a Bachelor’s degree in graphic design or the like is required, etc.

Our office filed the response to RFE with the USCIS California Service Center on November 2, 2010.  Our client’s H-1B application was approved on December 6, 2010.  Now our client can work for her 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. 

{ Comments on this entry are closed }

CASE: Change of Status from H-1B to H-4

CLIENT: Indian

LOCATION: Milwaukee, Wisconsin

Our client has been on H-1B status for two years and held his specialty occupation position. However, his H-1B status expired on September 10, 2010.  Before his H-1B status was expired, our client married his girlfriend who was an H-1B visa holder in the United States living in Cleveland Ohio.  As a family dependent of H-1B visa holder, our client has a chance to change his status from H-1B to H-4 before his H-1B is expired. Our firm was retained and we helped the client obtain supporting documents for the Change of Status before his H-1B was expired. On September 2, 2010, our firm promptly filed the client’s I-539 with detailed exhibits to USCIS Texas Service Center.  On November 24, 2010, the Change of Status was approved. Our client is now on H-4 and can maintain his lawful stay in the United States.

FREE CONSULTATIONS

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

{ Comments on this entry are closed }

CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce

NATIONALITY: Romania

LOCATION: Arizona

Our client is a Romanian national who came to the U.S. on a J-2 Visa.  She came with her husband who was on a J-1 Visa. Both were subject to the two-year foreign residency requirement, meaning you would have to go back to your home country for two-years before you can apply for permanent residency and some non-immigrant visas such as H, L, and O visas. (Our firm’s blog will explain this two-year residency requirement for J-1 visa holder and possible waiver application process later with further details).  Moreover, if you are subject to the two-year foreign residency requirement, you are not allowed to change some non-immigrant status in the United States.

Unfortunately, her marriage did not work out well after my client and her ex-husband came to the United States.  Eventually, she got divorced from her ex-husband and later married a U.S. citizen husband.  Her new husband petitioned I-130 and I-485 (green card process based on marriage) on behalf of our client, but her green card application was denied due to her failure to fulfill the two-year foreign residency requirement.  As mentioned above, an immigrant beneficiary who is subject to 2-year requirement cannot get his/her green card even if he/she marries a U.S. citizen until he/she fulfills the requirement or gets a waiver.

Once client’s green card application was denied, she contacted our firm and retained us. Our firm was retained to do this J-2 waiver on October 4, 2010. On October 11, 2010 the J-2 Waiver 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.  On October 26, 2010 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Eventually, on November 22, 2010, the USCIS approved the waiver of the 2-year foreign residency requirement. She obtained her waiver within 40 days!  Our client can apply for her green card without having to go back to Romania and be separated from her husband for two 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. 

{ Comments on this entry are closed }

CASE: Change of Status from H-4 to F-1

CLIENT: Pakistani

LOCATION: Columbus, Ohio

Our client has been on H-4 status for many years. Those on H-4 get their status from being the under-21 child or spouse of someone on an H-1B temporary worker status. His father’s H-1B was extended, but his H-4 extension was cut short of the extension approval of his father because he was about to turn 21. Those on H-4 are allowed to study in the United States. Our client’s father wanted him to continue his studies in preparation for medical school and was concerned because his son’s H-4 status was cut short. Our firm was retained and we helped the client obtain supporting documents for the Change of Status. On September 20, 2010, before our client turned 21, we filed the I-539 Change of Status. On October 15, 2010, the Change of Status was approved. Our client is now on F-1 and can continue his pre-med studies.

FREE CONSULTATIONS

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

{ Comments on this entry are closed }

CASE: H-1B

PETITIONER: Manufacturing Company

BENEFICIARY: Sales Manager / Kenyan

LOCATION: West Virginia

Our client is a large manufacturing company in West Virginia who wanted to petition a Kenyan for a sales manager position. We took the case and prepared the H-1B Petition and all the preceding steps prior to filing. On July 14, 2010, the H-1B Petition was filed. There were no Requests for Evidence during the processing of the H-1B. On October 18, 2010, the H-1B Petition was approved for 3 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. 

{ Comments on this entry are closed }

CASE: I-129F Fiance Petition and Fiance Visa

PETITIONER: Originally from Russia and current US Naturalized Citizen

APPLICANT: Russian

Our client, the Petitioner, met his Russian fiancé online and they vacationed in Thailand early this year. A few months after he came back to the States and his fiancé, back in Russia, he retained our firm to get a visa for his fiancé. We informed him of all supporting documents we would need, helped him and his fiancé draft a letter in support of the fiancé petition, and filed the petition on March 18, 2010. On June 22, 2010, the I-129F fiancé petition was approved. Our client’s fiancé was then scheduled for a fiancé immigrant visa interview in early September 2010 at the US Embassy in Moscow. We prepared all forms and supporting documents for her interview and sent them by international mail to Moscow. She was also prepared prior to the appointment. On September 2, 2010, our client passed her fiancé visa interview. She would be reunited with our client in the U.S. soon and would get married within 90 days of her entry. From there she can apply for her green card.

FREE CONSULTATIONS

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

{ Comments on this entry are closed }

CASE: H-1B
PETITIONER: Hospital
BENEFICIARY: Physician / General Surgeon, Filipino
LOCATION: Pennsylvania

H-1B filed on behalf of a hospital in Pennsylvania for a Filipino physician / general surgeon on May 5, 2010. No Requests for Evidence with the filing and the Petitioner did not opt for premium processing. The case was approved on July 12, 2010. The H-1B is good from October 1, 2010 to September 30, 2013.

FREE CONSULTATIONS

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

{ Comments on this entry are closed }