CASE: H-1B Visa Petition

PETITIONER: Nursing Home Facility in Illinois

BENEFICIARY: MDS Coordinator, Filipino

Our client is a Nursing Home Facility in Illinois. They contacted our office in early March to seek legal assistance for their prospective foreign employee.

The beneficiary obtained his Bachelor’s degree in Nursing. The proffered position for the Beneficiary is a MDS Coordinator. We argued that this position is a “specialty occupation” and that the minimum requirement for this position is a Bachelor’s Degree in Nursing or its equivalent.

After retention, our office promptly filed the H-1B visa petition with various supporting documents in April 1, 2013 via regular processing. However, the USCIS California Service Center issued a Request for Evidence (RFE) on August 14, 2013.

The USCIS argued that the offered position does not qualify as a “specialty occupation.” They claimed that a Bachelor’s degree was not required for this position.  They claimed that the beneficiary’s position is not specialized and complex enough to be qualified as a specialty occupation as the law requires.

In response to the RFE, our office argued in response brief with  multiple exhibits that the nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a Bachelor’s degree.  Moreover, we argued that the degree requirement is common to the industry in parallel positions among similar organizations. Furthermore, we included that Petitioner previously employed and petitioned for an H-1B for the same position.

Our office filed the response to the USCIS Vermont Service Center on October 29, 2013. Our client’s H-1B petition was approved on December 2, 2013.

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CASE: H-1B Visa Petition

PETITIONER:  Architectural Firm in Stamford, CT

BENEFICIARY: Architectural Draftsperson from Turkey

Our client is an architectural firm in Stamford, CT.  They contacted our office in late-February to seek legal assistance for their foreign employee. His wife also retained our firm but for a part-time position, and this was approved recently too, as stated in one of our success stories.

The beneficiary obtained his Bachelor’s Degree in Architecture. The proffered position for the Beneficiary is an architectural draftsperson.  We argued that this position is a “specialty occupation” and that the minimum requirement for this position is a Bachelor’s Degree in Architecture or its equivalent.

After retention, our office promptly filed the H-1B visa petition with various supporting documents on April 1, 2013 via regular processing. However, the USCIS Vermont Service Center issued a Request for Evidence (RFE) on September 4, 2013.

The USCIS argued that the offered position does not qualify as a “specialty occupation.” They claimed that a Bachelor’s degree was not required for this position.  They claimed that the beneficiary’s position is not specialized and complex enough to be qualified as a specialty occupation as the law requires.

In response to the RFE, our office argued in an 3-page response brief with 6 exhibits that the nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a Bachelor’s degree.  Moreover, we argued that the degree requirement is common to the industry in parallel positions among similar organizations. Furthermore, we included beneficiary’s sample work to further illustrate the complexity of the position.

Our office filed the response to the USCIS Vermont Service Center on September 23, 2013. Our client’s H-1B application was approved on November 13, 2013. Now the Beneficiary can work for the Petitioner on an H-1B status until September 12, 2016

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CASE: H-1B Visa Petition
PETITIONER:  Architectural Firm in Stamford, CT
BENEFICIARY: Architectural Draftsperson from Turkey

Our client is an architectural firm in Stamford, CT.  They contacted our office in late-February to seek legal assistance for their foreign employee.

The beneficiary obtained her Bachelor’s Degree in Architecture. The proffered position for the Beneficiary is an architectural draftsperson.  We argued that this position a “specialty occupation” and that the minimum requirement for this position is a Bachelor’s Degree in Architecture or its equivalent.

After retention, our office promptly filed the H-1B visa petition with various supporting documents on April 1, 2013 via regular processing. However, the USCIS Vermont Service Center issued a Request for Evidence (RFE) on September 5, 2013.

The USCIS argued that the offered position does not qualify as a “specialty occupation.” They claimed that a Bachelor’s degree was not required for this position.  They claimed that the beneficiary’s position is not specialized and complex enough to be qualified as a specialty occupation as the law requires.

In response to the RFE, our office argued in an 3-page response brief with 9 exhibits that the nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a Bachelor’s degree.  Moreover, we argued that the degree requirement is common to the industry in parallel positions among similar organizations. Furthermore, we included beneficiary’s sample work to further illustrate the complexity of the position.

Our office filed the response to the USCIS Vermont Service Center on September 23, 2013. Our client’s H-1B application was approved on October 25, 2013. Now the Beneficiary can work for the Petitioner on an H-1B status until September 16, 2016

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CASE: H-1B Visa Petition

PETITIONER:  Culture Center in Ohio

BENEFICIARY: Chinese Assistant Program Development Director

Our client is a Culture Center in Ohio that offers after-school and weekend educational programs for children and young students in the Greater Cleveland area. They contacted our office in the middle of March 2013 to seek legal assistance for its foreign beneficiary’s H-1B visa petition.

The beneficiary is a Chinese who obtained her Bachelor’s in Economics in China and also an MBA degree in the United States. The proffered position for the Beneficiary was for an Assistant Program Development Director which we argued qualified as a specialty occupation. We argued that the minimum requirement for this position is a Bachelor’s Degree in Economics/Business or its equivalent.

Upon retention, our firm prepared and eventually filed the H-1B visa petition with various supporting documents on April 1, 2013 via regular processing. The USCIS California Service Center issued a Request for Evidence (RFE) on July 2, 2013.

The USCIS argued that the offered position does not qualify as a “specialty occupation.” They claimed that the business was new and that a Bachelor’s degree was not required for this position.  They claimed that the beneficiary’s position is not specialized and complex enough to be qualified as a specialty occupation as the law requires.

In response to the RFE, our office argued in an 6-page response brief with 14 exhibits that the nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a Bachelor’s degree.  Moreover, we argued that the degree requirement is common to the industry in parallel positions among similar organizations.

Our office filed the response to the USCIS California Service Center on August 10, 2013. Our client’s H-1B application was approved on October 16, 2013. Now the Beneficiary can work for the Petitioner on an H-1B status until September 20, 2016

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CASE: H-1B Visa Petition
PETITIONER: Research Foundation in New York, NY
BENEFICIARY: Canadian Foundation Relations Development Specialist in Vancouver, B.C., Canada
ISSUES: Cap-Exempt, Research Organization

Our client is one of the leading research / grant making foundations in the United States. Its New York office contacted our office in late of September to seek legal assistance from our office for their foreign employee. The beneficiary previously worked as a coordinator and an acting officer of a large hospital in Canada and gained experience in development and fundraising database management.

The beneficiary currently is in Vancouver, B.C., Canada. The Beneficiary has a Bachelor’s and Master’s degree from the United States. The proffered position for the Beneficiary is a Foundation Relations Development Specialist. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree or its equivalent.

In the first week of April, the numerical cap of H-1B visas for fiscal year 2014 was already reached. However, our client is qualified for cap-exempt petitions since it is a non-profit research organization as defined in 8 C.F.R. 214.2(h)(19)(iii)(C). Under the provisions of INA Section 214(g)(5), “the numerical limitations contained in paragraph (1)(A) shall not apply to any non-immigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b) who –

(B) is employed (or has received an offer of employment) at a nonprofit research organization or a governmental research organization.”

The June 6, 2006 Michael Aytes’ Memo (Published by USCIS) on Guidance Regarding Eligibility for Exemption from the H-1B Cap Based on Section 103 of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313) outlines the fee and cap exemption for nonprofit research organization as defined in 8 C.F.R. 214.2(h)(19)(iii)(C).  Under 8 C.F.R. 214.2(h)(19)(iii)(C), a non-profit research organization is “an organization that is primarily engaged in basic research and/or applied research. Basic research is also research that advances scientific knowledge, but does not have specific immediate commercial objectives although it may be in fields of present or potential commercial interest.  It may include research and investigation in the sciences, social sciences, or humanities.  Applied research is research to gain knowledge or understanding to determine the means by which a specific, recognized need may be met.  Applied research includes investigations oriented to discovering new scientific knowledge that has specific commercial objectives with respect to products, processes, or services.  It may include research and investigation in the sciences, social sciences, or humanities.”

Thus, our office argued that our client-company is qualified as a non-profit research organization as defined in 8 C.F.R. 214.2(h)(19)(iii)(C).

Once retained, our office filed the H-1B visa petition with various supporting documents on October 7, 2013 via premium processing. There were no Requests for Evidence during the processing of the H-1B. Eventually, our client’s H-1B application was approved on October 10, 2013.  She can now work for her employer for three years on an H-1B status starting October 14, 2013.

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CASE: H-1B Visa Petition

PETITIONER:  Nursing Care Company in Ohio

BENEFICIARY: Cambodian Compliance Manager

Our client is a Nursing Care Company in Ohio that works with individuals and doctors to design home care plans to meet their needs. They contacted our office in the middle of March 2013 to seek legal assistance for its foreign beneficiary’s H-1B visa petition.

The beneficiary is a Cambodian who obtained her Bachelor’s and Master’s Degree in Law in Cambodia, and also an LLM from George Washington University. The proffered position for the Beneficiary was for a Compliance Manager which we argued qualified as a specialty occupation. We argued that the minimum requirement for this position is a Bachelor’s Degree in Law or its equivalent.

Upon retention, our firm prepared and eventually filed the H-1B visa petition with various supporting documents on April 1, 2013 via regular processing. The USCIS Vermont Service Center issued a Request for Evidence (RFE) on May 23, 2013.

The USCIS argued that the offered position does not qualify as a “specialty occupation.” They claimed that the business was new and that a Bachelor’s degree was not required for this position.  They claimed that the beneficiary’s position is not specialized and complex enough to be qualified as a specialty occupation as the law requires.

In response to the RFE, our office argued in an 6-page response brief with 10 exhibits that the nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a Bachelor’s degree.  Moreover, we argued that the degree requirement is common to the industry in parallel positions among similar organizations.

Our office filed the response to the USCIS Vermont Service Center on June 12, 2013. Our client’s H-1B application was approved on September 17, 2013. Now the Beneficiary can work for the Petitioner on an H-1B status until September 23, 2016.

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CASE: H-1B Extension

PETITIONER: Advertising Media Company

BENEFICIARY: Albanian Graphic Designer

LOCATION: California

Our client is a Graphic Designer from Albania who currently works at an Advertising Media Company in the greater Los Angeles area. She is on a valid H-1B visa. Her H-1B status was about to expire in September 2013.  Our client sought legal assistance from us for her H-1B 3-year extension and retained our office on March 14, 2013.

Upon retention, 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 May 17, 2013 to the USCIS California Service Center. We made sure there were sufficient arguments and documents to support the case that a “graphic designer” in this instance is a “specialty occupation.” There was no Request for Evidence with the filing and the Petitioner did not opt for premium processing. The case was approved on September 11, 2013. The H-1B is good from October 1, 2013 to September 30, 2016.

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CASE: H-1B Visa Petition (Change of Employer)
PETITIONER:  Hotel-Chain Company
BENEFICIARY: Hotel General Manager

Our client is the fastest-growing extended hotel stay chain company in Ohio. They contacted our office in early April to seek legal assistance from our office for their foreign employee.  The beneficiary is from Pakistan and has extensive work history in the United States as a General Manager in one of the leading brand hotels for 15 years.

The issue was whether this position is a “specialty occupation”. We had to argue that the minimum requirement for this position is at least a Bachelor’s Degree in Business Administration / Hotel Management or equivalent.

The foreign beneficiary in this case already had his H-1B visa from his previous employer in a similar industry.  However, his H-1B visa was not expired yet, and he wanted to extend his H-1B status based on a change in employer.

After retention, our office filed the H-1B visa petition with various supporting documents on April 15, 2013 via regular processing.  Since this petition was based on a change in employer, this petition was exempted from the annual H-1B cap.

Eventually, without any request for evidence (RFE), our client’s H-1B Petition was approved on August 15, 2013.  Moreover, Beneficiary’s wife and minor son’s H-4 status was properly changed as well.

Now the Beneficiary can work for his Petitioner-Employer as an H-1B visa holder and he can work there until 2016.

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CASE: H-1B Visa Petition
PETITIONER: Healthcare staffing firm
BENEFICIARY: Pharmacist
ISSUES: Cap-Exempt, Research Organization, Off-Site Employment

Our client is one of the leading healthcare staffing firms in Northeast Ohio, serving the general staffing needs of regional hospitals and clinics. They contacted our office in early April to seek legal assistance from our office for their foreign employee.

The beneficiary is a licensed pharmacist who obtained his Doctor of Pharmacy degree in the United States. The proffered position for the Beneficiary is a Pharmacist. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Doctor of Pharmacy Degree with a registered Pharmacist license.

When our client contacted us, the numerical cap for H-1B visas for fiscal year 2014 was about to be reached. We could not process this case under the regular cap time frame given the short amount of time we had to prepare for the application. Our client was very disappointed and thought they would have to wait until April 1, 2014. Also, since the Petitioner is a staffing firm, their foreign employee will be placed at different hospitals (off-site employment issue). At that point our client thought it was impossible to file.

We told our client that we can argue that they are qualified for some of the exemption provisions of the H-1B cap. We explained that we can argue the nonprofit exemption, as well as cite some CIS memorandums regarding their eligibility despite off-site employment.

We showed that the main reason for cap-exemption is that the foreign employee will be placed at two hospitals which are non-profit research organizations as defined in 8 C.F.R. 214.2(h)(19)(iii)(C).

Our office argued that this H-1B petition is exempted from the H-1B numerical limitations (cap-exempt) because the Petitioner will employ the beneficiary to perform job duties at non-profit research organizations (two hospitals) as defined in 8 C.F.R. 214(h)(19)(iii)(C) that directly and predominately furthers the normal, primary, or essential purpose, mission, objectives, or function of the qualifying institution (nonprofit research).

We also argued that these two hospitals are clearly qualified as non-profit research organizations as defined in 8 C.F.R. 214(h)(19)(iii)(C). These two organizations are primarily engaged in basic research and/or applied research. Moreover, the beneficiary’s job duties, which will be performed on-site at qualifying non-profit research organizations, will be similar to those performed by actual employees (Pharmacists) of the two hospitals in the furtherance of the qualifying entities’ mission.

Furthermore, we explained that the Petitioner will comply with the statutory and regulatory requirements of the H-1B non-immigrant classification for the placement of the beneficiary at the two hospitals during the period of employment.  We mentioned that the beneficiary will be paid higher than the prevailing wage for the pharmacist position by the Petitioner, and Petitioner-Employer will maintain an employer-employee relationship with the beneficiary. The Petitioner has the right to control the work of the beneficiary on a day-to-day basis as well. We explained that the Petitioner has a sole right to hire, pay, and has the ability to fire the beneficiary as well.

Once retained, our office filed the H-1B visa petition with various supporting documents on April 19, 2013 via premium processing.

However, the USCIS California Service Center issued a Request for Evidence (RFE) on May 2, 2013 and requested Petitioner to demonstrate that the prospective places of employment for Beneficiary are truly non-profit organizations under the interpretation of the immigration laws for cap-exempt organizations. After we received the RFE request, our office prepared the response and argued that the prospective places of employment for Beneficiary are non-profit medical research organization and Beneficiary’s work will be similar to Pharmacists of those hospitals.  We submitted the name, address, and contact information of supervisors of each Pharmacy where Beneficiary will be placed.  We filed this Response to the RFE on June 14, 2013.

After our Response to RFE was received by the USCIS, our client’s H-1B application was approved on June 21, 2013.  She can now work for her employer for three years on an H-1B starting June 21, 2013.

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For other H-1B success stories, please click here.

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Also feel free to contact our office anytime for free consultations.

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CASE: H-1B Visa Petition
PETITIONER:  Accounting Firm in Baltimore, Maryland
BENEFICIARY: Tax Accountant from Ghana

Our client is an accounting firm in Baltimore, MD.  They contacted our office in early-February to seek legal assistance from our office for their foreign employee.  The beneficiary obtained his Bachelor’s Degree in management science and accounting in 2012 in the United States.

The proffered position for the Beneficiary is tax accountant which qualifies as a specialty occupation.  We argued that this position is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in accounting or its equivalent.

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on April 1, 2013 via regular processing. Eventually, our client’s H-1B application was approved on June 12, 2013.  On October 1, 2013, he can work for his employer for the next three years on his H-1B status.

FREE CONSULTATIONS

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

For other H-1B success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

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