CASE: H-1B Concurrent Employment

PETITIONER: Law Firm

BENEFICIARY: Nigerian IT Quality Assurance Project Manager

LOCATION: Cleveland, OH

Our client is a mid-sized law firm which is located in Cleveland, OH. They contacted our office in September 2016 to seek assistance from our office for their foreign employee’s H-1B based on concurrent employment category. The beneficiary is from Nigeria and he obtained his Bachelor’s degree in computer science. The proffered position for the Beneficiary is an IT Quality Assurance Project 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 October 21, 2016 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 March 15, 2017.  His H-1B is good until October 2019.

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CASE: H-1B Extension

PETITIONER: Architectural Design Company

BENEFICIARY: Turkish Architect

LOCATION: New York, NY

Our client is an architectural design firm headquartered in New York City. They contacted our office in March 2017 to seek assistance from our office for their foreign employee’s H-1B extension. The beneficiary is from Turkey and he obtained his Bachelor’s and Master’s degree in architecture. The proffered position for the Beneficiary is architect which we argued qualifies as a specialty occupation. He got his H-1B status through our office’s help in 2014.

After retention, our office promptly filed the H-1B visa petition with various supporting documents on March 24, 2017 via premium 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 Architect.  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-1B application was approved by the USCIS Nebraska Service Center on March 28, 2017. He can work for his employer until May 2020.  

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CASE: H-1B Visa Extension Petition
PETITIONER:  Accounting Firm in Baltimore, MD
BENEFICIARY: Staff Auditor from Trinidad and Tobago

Our client is an accounting firm in Baltimore, MD.  They contacted our office in March 2016 to seek legal assistance from our office for their foreign employee’s H-1B extension.  The beneficiary obtained his Bachelor’s Degree in accounting and completed his MBA program in the United States. The proffered position for the Beneficiary is a staff auditor which qualifies as a specialty occupation.  We argued that this position a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in accounting or its equivalent.  Moreover, our office helped this employee’s initial H-1B case in 2013 and it was approved by the USCIS.

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on May 11, 2016 via the regular processing service. Eventually, our client’s H-1B application was approved on December 22, 2016.  His H-1B is good until September 13, 2019.

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CASE: H-1B Visa Petition

PETITIONER: IT Consulting Company in Jacksonville, FL

BENEFICIARY: Indian Systems Analyst in India

Our client is an IT Consulting Company located in Jacksonville, FL.  They contacted our office in the middle of February this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained his Bachelor’s degree in Computer Science in India. Beneficiary is currently residing at India. The proffered position for the Beneficiary is a Systems Analyst 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, 2016 via regular processing. This H-1B petition was selected after the lottery.

However, on September 13, 2016, the USCIS issued Request for Evidence (RFE) for our client’s H-1B petition. USCIS requested Petitioner to submit additional evidence to establish that the proffered position to the beneficiary qualified as a “Specialty Occupation”, plus additional questions about the “in-house” nature of the employment.

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. We also provided in-house employment proof.

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. Other documents pertaining to an in-house project was also submitted.

Our office filed a detailed Response to RFE brief with many exhibits to the USCIS Vermont Service Center on November 23, 2016.  Eventually, our client’s H-1B application was approved on December 12, 2016. Now, the beneficiary can apply for an H-1B visa at the U.S. Embassy in India, and upon the issuance of visa, he can work for the Petitioner.

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CASE: H-1B Visa Extension

PETITIONER:  Physician’s Office in Flushing, NY

BENEFICIARY: Chinese Nurse Practitioner

Our client is a dermatology clinic in Flushing, NY which provides cosmetic and dermatologic treatments for its patients. They contacted our office in July of 2016 to seek legal assistance for its foreign beneficiary’s H-1B extension.

The beneficiary is from China and obtained her Master of Nursing Degree in the United States. She also has a valid Nurse Practitioner License in the State of New York. The proffered position for the Beneficiary was for a Nurse Practitioner which we argued qualified as a specialty occupation. We proffered that the minimum requirement for this position is a Master of Nursing Degree or its equivalent. Moreover, Nurse Practitioner needs the state license as well.  She has been working for the Petitioner on a valid H-1B visa.

Once retained, our firm prepared and eventually filed the H-1B visa petition with various supporting documents on August 16, 2016 via regular processing. Eventually, without any RFE, our client’s H-1B extension was approved on November 22, 2016. Now, the Beneficiary can continue to work for the Petitioner on an H-1B status until September 1, 2019 (until her duration of H-1B status reaches the 6th year mark).

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CASE: H-1B Change of Employer

PETITIONER: Waste Management Company

BENEFICIARY: Indian Chief Financial Officer

LOCATION: St. Louis, MO

Our client is a wastewater treatment and management company in the St. Louis, MO area. They contacted our office in early July 2016 to seek a 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 her previous employer.  However, her H-1B visa was not expired yet, and she wanted to extend her H-1B status on the change of employer basis.

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on July 21, 2016. Since this petition was based on the change of employer, 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 Petition was approved on November 15, 2016.  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 Extension

PETITIONER: Software Development and IT Staffing Company

BENEFICIARY: Indian Computer Systems Analyst

LOCATION: Jacksonville, FL

Our client is a fast growing software developing and IT consulting company located in Jacksonville, FL. They contacted our office in June 2016 to seek assistance from our office for their foreign employee’s H-1B extension. The beneficiary is from India and he obtained his Bachelor’s Degree in Information Systems.  The proffered position for the Beneficiary is a Computer Systems Analyst which we argued qualifies as a specialty occupation. He got his H-1B status through our office’s help in 2015.

After retention, our office promptly filed the H-1B visa petition with various supporting documents on July 13, 2016 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.  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. Other documents pertaining to an in-house project was also submitted.

Eventually, our client’s H-1B application was approved on October 17, 2016. He can work for his employer until August 2019.  

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CASE: H-1B Visa Petition

PETITIONER:  Sales Leads Provider

BENEFICIARY: Nepalese Software Developer –Web Applications in Omaha, NE

Our client is a Sales Leads provider located in Omaha, NE.  They contacted our office in later February of this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained his Master of Science in Management Information Systems in the United States. The proffered position for the Beneficiary is a Software Developer – Web Applications 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 31, 2016 via regular processing service. This H-1B petition was selected after the lottery. Our client’s H-1B application was approved on June 28, 2016.

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CASE: H-1B Visa Petition

PETITIONER:  Licensed Reference Laboratory

BENEFICIARY: Chinese Preparatory Chemist in Columbus, OH

Our client is a licensed reference laboratory located near Columbus, OH.  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 Science in Chemistry in the United States. The proffered position for the Beneficiary is a preparatory chemist 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 31, 2016 via regular processing service. This H-1B petition was selected after the lottery. Our client’s H-1B application was approved on June 23, 2015.

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CASE: H-1B Change of Employer

PETITIONER: E-Commerce Company

BENEFICIARY: Korean Staff Accountant

LOCATION: Los Angeles, CA

Our client is a specialized E-commerce company which oversees multiple e-commerce websites and marketplaces. They contacted our office in early March 2016 to seek legal assistance from our office for their foreign employee. The beneficiary is from South Korea and obtained her Bachelor’s degree in Business Administration. The proffered position for the Beneficiary is a Staff Accountant 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 Accounting / Business Administration or its equivalent.  

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

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on March 28, 2016 via premium processing service.  Since this petition was based on a change of 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 April 6, 2016.  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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