CASE: I-140 (EB-2)
EMPLOYER: Sales Leads Provider in Omaha Nebraska
BENEFICIARY: Nepali Senior Software Developer – Web Application

Our client is from Nepal, who is currently working in the United States as a Senior Software Developer under F-1 (OPT) status. His current employer was willing to do an immigration petition for him, second-preference. Our client has a Masters in Management Information Systems degree in the United States. After talking to our client, our firm concluded that his employer can petition him as a Senior Software Developer – Web Application. Based on our client’s education, professional and work background, our office determined that he is eligible for EB-2 classification.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On September 16, 2015, the prevailing wage request was filed.  After we obtained the  Prevailing Wage determination, our office filed the job order on December 10, 2015.  On March 8, 2016, we promptly filed PERM.  Eventually, on June 22, 2016, the PERM Labor Certification was approved – an EB2 position for the Nepali beneficiary.

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on July 26, 2016 via premium processing service. Eventually, on August 6, 2016, the I-140 EB2 Petition for our Nepalese client was approved without any Request for Evidence (RFE). When we filed his I-140, our office concurrently filed an I-485 adjustment of status application for his green card. His green card will be approved once his priority dates are current.

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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: PERM Labor Certification    
EMPLOYER: Sales Leads Provider in Omaha Nebraska
BENEFICIARY: Nepali Senior Software Developer – Web Application

Our client is from Nepal, who is currently working in the United States as a Senior Software Developer under an F-1 (OPT) status. His current employer is willing to do an immigration petition for her, second-preference. Our client has a Master of Management Information Systems degree in the United States. After talking to our client, our firm concluded that his employer can petition him as a Senior Software Developer – Web Application. Based on our client’s educational, professional and working background, our office determined that he is clearly eligible for EB-2 classification.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On September 29, 2015, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on December 11, 2015.  On March 9, 2016, we promptly filed PERM.  Eventually, on June 23, 2016, the PERM Labor Certification was approved – an EB2 position for the Nepali beneficiary. Now our client can file the I-140 petition.

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CASE: PERM Labor Certification    
EMPLOYER: Sales Leads Provider in Omaha Nebraska
BENEFICIARY: Nepali Senior Software Developer – Web Application

Our client is from Nepal, who is currently working in the United States as a Senior Software Developer under F-1 (OPT) status. His current employer is willing to do an immigration petition for her, second-preference. Our client has a Master of Management Information Systems degree in the United States. After talking to our client, our firm concluded that his employer can petition him as a Senior Software Developer – Web Application. Based on our client’s educational, professional and working background, our office determined that he is eligible for EB-2 classification.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On September 16, 2015, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on December 10, 2015. On March 8, 2016, we filed PERM.  Eventually, on June 22, 2016, the PERM Labor Certification was approved – an EB2 position for the Nepali beneficiary. Now our client can file the I-140 petition.

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CASE: I-140 (EB-2)

EMPLOYER: Data Marketing Company

BENEFICIARY: Nepali Computer Systems Analyst

LOCATION: Omaha, NE

Our client is a computer systems analyst from Nepal, who is currently working at a data marketing company in Omaha, Nebraska who was willing to do an immigration petition him for a second-preference petition (I-140 EB-2).  Our client has a Master of Science degree in Computer Science and has worked for this company since January 2013. He has maintained his status as an H-1B visa holder in the United States.  After talking to our client, our firm concluded that his employer can petition him as a Computer Systems Analyst II. Based on our client’s educational, professional and working background, our office determined that he is clearly eligible for an EB-2 classification for his I-140 petition.

Prior to filing PERM labor certification, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM Labor Certification application could be filed at least 60 days from the job posting date or 30 days from the last ad. Once retained, our office filed the prevailing wage request in December 2014.  On May 26, 2015, we filed the PERM labor certification application.  Eventually, on November 19, 2015, less than 6 months from filing, the PERM labor certification was approved – an EB2 position for the Nepali Computer Systems Analyst.

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on March 1, 2016 via premium processing service. Eventually, on March 11, 2016, the I-140 EB2 Petition for our Nepalese client was approved without any Request for Evidence (RFE). He can file an I-485 adjustment of status application for his green at any time since his priority dates are current.

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CASE: I-485 (Based on EB-2 I-140 Approval)

 CLIENT: Nepali Computer Systems Analyst

 LOCATION: Omaha, Nebraska

Our client is a computer systems analyst from Nepal, who is currently working for a software distributing company in Omaha, Nebraska. The company was willing to do an immigration petition for him, second-preference. Our client has a Master of Science degree in Computer Information Systems and has worked for this company since October 2011. He has maintained his status as an H-1B visa holder in the United States.

After talking to our client, our firm concluded that his potential employer can petition him as a Computer Systems Analyst. Based on our client’s educational and professional background as an engineer and management analyst, our office determined that he is eligible for EB-2 classification.

Prior to filing the PERM labor certification, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM Labor Certification application could be filed at least 60 days from the job posting date or 30 days from the last ad.  Within a week from our retention, the prevailing wage request was filed.  On December 17, 2012, we filed the PERM labor certification application.  Eventually, on April 17, 2013, exactly four months from filing, the PERM labor certification was approved – an EB2 position for a Nepali Computer Systems Analyst.

We then proceeded with the I-140 Petition filing.  We submitted the “ability to pay” letter for the I-140 petition application.  We included the job offer letter, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on May 9, 2013 via premium processing.  Within a week of the filing, on May 16, 2013, the I-140 EB2 Petition was approved.

After the I-140 was approved, our client retained our office again for his I-485 adjustment of status application. On June 3, 2013, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on August 16, 2013, only about two months later, the USCIS Nebraska Service Center approved our client’s I-485 application.  Our client now is a green card holder.

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CASE: I-140 Premium Processing

 EMPLOYER: Software Distributor

 BENEFICIARY: Nepali Computer Systems Analyst

 LOCATION: Omaha, Nebraska

Our client is a computer systems analyst from Nepal, who is currently working at a software distributing company in Omaha, Nebraska. The company was willing to do an immigration petition for him, second-preference. Our client has a Master of Science degree in Computer Information Systems and has worked for this company since October 2011. He has maintained his status as an H-1B visa holder in the United States.

After talking to our client, our firm concluded that his potential employer can petition him as a Computer Systems Analyst. Based on our client’s educational, professional and working background as an engineer and management analyst, our office determined that he is clearly eligible for the EB-2 classification.

Prior to filing PERM labor certification, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM Labor Certification application could be filed at least 60 days from the job posting date or 30 days from the last ad.  Within a week from our retention, the prevailing wage request was filed.  On December 17, 2012, we filed the PERM labor certification application.  Eventually, on April 17, 2013, exactly four months from filing, the PERM labor certification was approved – an EB2 position for the Nepali Computer Systems Analyst.

We then proceeded with the I-140 Petition filing.  We submitted the “ability to pay” letter for the I-140 petition application.  We included the job offer letter, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on May 9, 2013 via premium processing service.  Within a week of the filing, on May 16, 2013, the I-140 EB2 Petition for our Nepali client was approved.  He can now file an I-485 adjustment of status application for his green card (he could’ve filed the I-485 simultaneously, but he wanted to make sure the I-140 was approved first before he pays the $1070 filing fee).

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 I-140 EB2 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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CASE: PERM Labor Certification

EMPLOYER: Software Distributor

BENEFICIARY: Nepali Computer Systems Analyst

LOCATION: Omaha, NE

Our client is a computer systems analyst from Nepal, who is currently working at a software distributing company in Omaha, Nebraska. The company was willing to do an immigration petition for him, second-preference.

Our client has a Master of Science degree in Computer Information Systems and has worked for this company since October 2011. He has maintained his status as an H-1B visa holder in the United States.

After talking to our client, our firm concluded that his potential employer can petition him as a Computer Systems Analyst. Based on our client’s educational, professional and working background as an engineer and management analyst, our office determined that he is clearly eligible for the EB-2 classification.

Prior to filing PERM labor certification, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM Labor Certification application could be filed at least 60 days from the job posting date or 30 days from the last ad.

Within a week from our retention, the prevailing wage request was filed.  On December 17, 2012, we filed the PERM labor certification application.  Eventually, on April 17, 2013, exactly four months from filing, the PERM labor certification was approved – an EB2 position for the Nepali Computer Systems Analyst. Now our client can file the I-140 Petition and the I-485 green card application since his priority date is current.

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 PERM Labor Certification 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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CASE: H-1B Visa Petition – Response to Request for Evidence
PETITIONER: Software Distributor
BENEFICIARY: Nepali
LOCATION: Omaha, Nebraska
ISSUE: Specialty Occupation / Degree Issues

Our client is a nationwide stocking wholesaler of voice, data, and outside plant products in Nebraska. The beneficiary is from Nepal who obtained a Master’s degree in the United States and worked for his previous employer under an H-1B.  The Petitioner-Employer filed an H-1B application (Change of employer) on behalf of our client on November 2.  However, on December 1, 2011, the USCIS issued 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 qualified as a “Specialty Occupation.”

The USCIS was skeptical and argued that the proffered “Web Developer” position in Petitioner’s business did not qualify as a “Specialty Occupation”. The main issue for the client’s H-1B application was whether the “Web/Software Developer” position for the Petitioner required a bachelor’s degree or its equivalent to make this position a “specialty occupation.”

After Petitioner-Employer received the Request for Evidence (RFE) from the USCIS, our client consulted with our firm and eventually retained us to prepare the response. We gathered supporting documents from both the Petitioner and Beneficiary and did research on their industry, focusing on similarly sized businesses, to demonstrate that a bachelor’s degree is commonly required for this position.

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 Web/Software Developer is a common position required by similarly sized software developer or distributor companies with similar annual incomes. We provided evidence that Petitioner’s competitors normally require degrees in a specific specialty for closely related positions like that of Web/Software developers.  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.

Our office filed a 9-page Response to RFE brief with 13 exhibits to the USCIS California Service Center on December 28, 2011.  On January 11, 2011 our client’s H-1B petition was approved.  Now our client can work for the petitioner on an H-1B status for the next 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. 

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

For other success stories, please click here.

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

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