CASE: H-1B Visa Petition

PETITIONER: School District in Forrest City, AR

BENEFICIARY: Filipina High School Science 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 May 2022 to seek legal assistance from our office for their foreign employee. The beneficiary is a High School Science Teacher from the Philippines who has been working for this employer for the last several years under J-1 status. Her J-1 visa was not subject to the 2 year foreign residency requirement. 

The proffered position for the Beneficiary is a High School Science 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 2023 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). 

Upon retention, our office filed the H-1B visa petition with various supporting documents on June 28, 2022, via premium processing. On July 12, 2022, the USCIS California Service Center issued a Request for Evidence (RFE) and requested our client to submit additional documents to prove that the Petitioner is a non-profit organization affiliated with an Institution of Higher Education. Our office filed Response to RFE on July 19, 2022. Eventually, our client’s H-1B application was approved on August 2, 2022. She can now work for her employer for three years on an H-1B status.

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CASE: H-1B Visa Petition

PETITIONER:  Dental Clinic

BENEFICIARY: Egyptian Periodontist in Toledo, OH

Our client is a dental clinic located in Toledo 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 Master of Dentistry in the United States. Also, he had 3 years of residency training in Periodontics in the U.S. Moreover, he is a licensed dentist in the state of Ohio. The proffered position for the Beneficiary is an associate periodontist which clearly qualifies as a specialty occupation.

Upon retention, our office prepared and registered for the H-1B selection process. His case was selected for the 2023 Fiscal Year H-1B quota. Our office prepared and eventually filed the H-1B visa petition with various supporting documents on April 27, 2022 via premium processing.  Our client’s H-1B application was approved on May 6, 2022 without any Request for Evidence (RFE).

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CASE: H-1B Visa Extension
PETITIONER:  Public School District in Mohave Valley, AZ
BENEFICIARY: Filipina Elementary School Teacher

Our client is a Public School District in Mohave Valley, AZ. They contacted our office in May 2021 to seek legal assistance from our office for their foreign employee’s H-1B extension.  The beneficiary obtained her Bachelor’s Degree in Elementary Education. The proffered position for the Beneficiary is an Elementary School Teacher which qualifies as a specialty occupation. This proffered position is a “specialty occupation” because the minimum requirements for this position are a Bachelor’s Degree in Elementary Education or its equivalent.  The Beneficiary has worked for her employer under H-1B status since August 2018.   

Upon retention, our office filed the H-1B visa petition with various supporting documents on June 14, 2021 via regular processing. Eventually, our client’s H-1B application was approved on February 25, 2022.  Her H-1B is good until June 30, 2024.

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CASE: H-1B Visa Petition

PETITIONER: School District in New Town, ND

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 November 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 several years under J-1 status. The beneficiary’s J-1 program is not subject to the 2 year foreign residency requirement.  

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, the numerical cap of H-1B visas for fiscal year 2022 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). 

Upon retention, our office filed the H-1B visa petition with various supporting documents on December 23, 2021 via premium processing. On January 13, 2022, the USCIS issued a Request for Evidence for our client’s petition. Our office filed the Response to RFE on the same day. Eventually, our client’s H-1B application was approved on January 25, 2022. She can now work for her employer for three years on an H-1B status.

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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 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 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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