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Post image for J-1 No Objection Statement Waiver (Philippines) of Two-Year Foreign Residency Requirement Approved for Filipina Client in Montana

CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Montana

Our client came from the Philippines on a J-1 visa in September 2014 to work as a teacher. According to her DS-2019, she was subject to the two-year foreign residency requirement.

In August 2016, she got married to her U.S. citizen husband and later on consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Upon retention, our office promptly prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On December 7, 2016, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Montana State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippines Government) were sent to the Philippines Consulate General in Chicago for further authentication.  On March 23, 2017, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On June 22, 2017, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on July 6, 2017, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment status application along with her U.S. Citizen husband’s I-130 petition for her.

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Post image for H-1B Extension Approval With Cap Exempt Research Foundation Petitioner in Washington, DC and French Staff Accountant Beneficiary

CASE: H-1B Visa Petition-Extension

PETITIONER: Research Foundation in Washington, D.C.

BENEFICIARY: French Staff Accountant

ISSUES: Cap-Exempt, Research Organization

Our client is one of the leading research associations for the advancement, health, and sustainability of student affairs in the United States. Its National Headquarters in D.C. contacted our office in August of 2016 to seek legal assistance for their foreign employee’s H-1B Extension. The beneficiary is a Staff Accountant for this organization who has been working for Petitioner under an H-1B status. With our office’s legal assistance, he got his H-1B in January 2014.

The beneficiary is the citizen of France, and has a Bachelor’s degree from the United States. The proffered position for the Beneficiary is a Staff Accountant. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Accounting or its equivalent.

This H-1B case is exempt from the numerical limitation because 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) so it is exempt from the numerical limitation.

Once retained, our office filed the H-1B visa extension petition with various supporting documents on November 15, 2016.

Eventually, our client’s H-1B application was approved on June 19, 2017, without any Request for Evidence (RFE).  He can now work for his employer for three more years.

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Post image for J-1 No Objection Statement Philippine Waiver Not Based on Marriage or Children Approved for Filipina Client in Little Rock Arkansas

CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Little Rock, AR

Our client came to the United States as an H-1B visa holder to teach in the U.S. in 2007. Her H-1B status reached the maximum 6 years, but her current employer accepted her for a teaching position on a J-1 status. She changed status from H-1B to J-1 and her current employer was willing to file an I-140 employment petition for her permanent residency. However, if someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver. Her J-1 is subject to the two-year foreign residency requirement. It is much harder to obtain a no objection statement from the Philippines if you don’t have a US Citizen spouse or child, but we thought there was enough factors in her case to warrant a waiver.

Upon retention, our office promptly prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On December 4, 2015, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Arkansas State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippines Government) were sent to the Philippines Consulate General in Chicago for further authentication.  On January 21, 2016, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on April 10, 2017, the USCIS issued an I-612 approval notice for the waiver.

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Post image for H-1B1 Visa Extension Petition Approval for Education Consulting Organization and Singaporean Market Research Analyst in Pennsylvania

CASE: H-1B1 Extension

PETITIONER: Education Consulting Organization

BENEFICIARY: Singaporean Market Research Analyst

LOCATION: Pennsylvania

Our client is an education consulting organization located in Western Pennsylvania. They contacted our office in January 2017 to seek assistance from our office for their foreign employee’s H-1B1 extension. The beneficiary is from Singapore and she has bachelor’s degree. The beneficiary has more than 10 years professional work experience in the field of management and marketing. The proffered position for the Beneficiary is a Market Research Analyst which we argued qualified as a specialty occupation. Since she is the Singaporean National, she was eligible to get H-1B1 status in 2016.

After retention, our office promptly filed the H-1B1 visa petition with various supporting documents on February 20, 2017 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.  Also, we provided evidence that Petitioner’s competitors normally require degrees in a specific specialty for closely related positions like that of Market Research 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.

Eventually, our client’s H-1B1 application was approved by the USCIS Nebraska Service Center on June 15, 2017. She can work for her employer until March 2018.  

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Post image for J-2 Waiver of Two-Year Foreign Residency Requirement, Post-Divorce Interested Government Agency Approval for Indian Client in India

CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Indian
LOCATION: India

Our client is a citizen of India who came to the U.S. on a J-2 Visa in September 2012.  She came with her husband who held a J-1 Visa as a researcher.  Both were subject to the two-year foreign residency requirement.

Unfortunately, while they are residing in the United States, her marriage did not work out well. Eventually, she got divorced from her ex-husband in December 2016. Our client had an approved I-140 petition for her, but could not file adjustment of status application or immigrant visa petition unless she fulfills two year foreign residency requirement or obtains a waiver.

In March of this year, our client contacted our office. She retained our firm to do her J-2 waiver. On April 3, 2017, the J-2 Waiver (DS-3035) 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.  Eventually, on April 24, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Finally, the USCIS issued I-612 waiver approval notice on May 26, 2017.

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Post image for J-2 Waiver of Two-Year Foreign Residency Requirement, Post-Divorce Interested Government Agency, Approved for Turkish Client in Virginia

CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Turkish
LOCATION: Virginia

Our client is a citizen of Turkey who came to the U.S. on a J-2 Visa in April 2007.  He came with his wife who held a J-1 Visa as a researcher.  Both were subject to the two-year foreign residency requirement. Since 2008, our client changed his status from J-2 to F-1 and pursued his graduate studies in the U.S.

Unfortunately, while they are residing in the United States, his marriage did not work out well. Eventually, he got divorced from his ex-wife.  Before he divorced with his ex-wife, he changed his status from J-2 to F-1. However, he was still subject to the two-year foreign residency requirement.  Our client wants to be petitioned by his prospective employer. Nevertheless, he cannot change his status to other non-immigrant visa in the United States because of the 2 year foreign residency requirement.

In April of this year, our client contacted our office. He retained our firm to do his J-2 waiver. On May 1, 2017, the J-2 Waiver (DS-3035) 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.  Eventually, on May 19, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Finally, the USCIS issued I-612 waiver approval notice on June 2, 2017.

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Post image for H-1B Extension Approval for Industrial Material Company and Chinese Industrial Material Research Scientist in Ohio

CASE: H-1B Visa Extension Petition

PETITIONER: Industrial Material Company

BENEFICIARY: Chinese Industrial Material Research Scientist

LOCATION: Ohio

Our client is an industrial material company focused on the production and commercialization of high-performance / non-immunogenic biomaterials for use in the medial and consumer healthcare arenas. They are located in Wooster, Ohio. They contacted our office in December 2016 to seek legal assistance from our office for their foreign employee’s H-1B extension. The beneficiary is from China and obtained his Master’s degree in Plant Pathology in the United States. The proffered position for the Beneficiary is an industrial material research scientist 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 Science/Engineering or its equivalent.  Moreover, our office helped this employee’s previous H-1B case in 2014 and it was approved by the USCIS.

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on January 19, 2017 via regular processing service.  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.  There were no Requests for Evidence during the processing of the H-1B.  Eventually, our client’s H-1B Extension Petition was approved on February May 30, 2017.  Now the Beneficiary can continuously work for his Petitioner-Employer as an H-1B visa holder and he can work there for next three years.

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Post image for H-1B Visa Petition (Concurrent Employment) Approved for University Petitioner and Zimbabwean Director of Global Integration & Projects Manager in Kansas

CASE: H-1B Concurrent Employment

PETITIONER: University

BENEFICIARY: Zimbabwean Director of Global Integration & Projects Manager

LOCATION: Kansas

Our client is a university which is located in Kansas. They contacted our office in February 2017 to seek assistance from our office for their foreign employee’s H-1B based on concurrent employment category. The beneficiary is from Zimbabwe and he obtained his Ph. D. degree in chemistry. The proffered position for the Beneficiary is a Director of Global Integration & Projects 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 March 9, 2017 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 April 27, 2017.  His H-1B is good until April 2020.

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Post image for J-1 Waiver Through No Objection Statement for Malaysian Client in Sydney Australia

CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, No Objection Statement

NATIONALITY: Malaysian

LOCATION: Sydney, Australia

Our Malaysian client came to the U.S. on a J-1 Visa in August 2010 to pursue his undergraduate degree. He completed his Bachelor’s program and promptly left the United States. In September 2016, he came back to the U.S. on a valid J-1 visa as a short-term scholar in California. However, his J-1 visa made him subject to the two-year foreign resident requirement.  His work and training program in the U.S. enhanced our client’s interest in his field, and he would like to gain employment in the U.S. beyond his J-1 time.  However, due to the two-year foreign residency requirement, he had to obtain a waiver first before he could change his current status in the United States.

After he retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Malaysian Embassy in the United States.  Our office contacted the Malaysian Embassy in Washington D.C. to make sure we knew all the requirements needed for their office to issue a no objection statement.  The Embassy requested different documents including a statement of reason for the waiver.

On November 18, 2016, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Malaysian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file a change of status application but for the waiver.

The Malaysian Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division. The Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued a receipt and an I-612 approval notice on May 4, 2017.  

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Post image for J-2 Waiver of Two-Year Foreign Residency Requirement, Post-Divorce Interested Government Agency Approval for Korean Client in Ithaca New York

CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Korean
LOCATION: Ithaca, New York

Our client is a citizen of South Korea who came to the U.S. on a J-2 Visa in August 2013.  She came with her husband who held a J-1 Visa as a researcher.  Both were subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work outl. Eventually, she got divorced from her ex-husband.  Before she divorced with her ex-husband, she changed her status from J-2 to F-1. However, she was still subject to the two-year foreign residency requirement.  Our client pursued her graduate studies in the United States, and wants to be petitioned by her prospective employer. Nevertheless, she cannot change her status to other non-immigrant visas in the United States because of the 2 year foreign residency requirement.

In March of this year, our client contacted our office. She retained our firm to do her J-2 waiver. On April 4, 2017, the J-2 Waiver (DS-3035) 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.  Eventually, on April 24, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Finally, the USCIS issued I-612 waiver approval notice on May 3, 2017.

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