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Post image for Cap Exempt H-1B Approval for School Petitioner (Nonprofit Organization Affiliated with an Institution of Higher Education) in New Mexico and Filipina Middle School Math Teacher

CASE: H-1B Visa Petition

PETITIONER: School in New Mexico

BENEFICIARY: Filipina Middle School Math Teacher

ISSUES: Cap-Exempt, Research Organization

Our client is a non-profit organization affiliated with five institutions of higher education. They contacted our office in September 2017 to seek legal assistance from our office for their foreign employee. The beneficiary is a Middle School Math Teacher from the Philippines.  

The proffered position for the Beneficiary is a Middle School Math Teacher. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Science or its equivalent.

In the first week of April, the numerical cap of H-1B visas for fiscal year 2018 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 13, 2017, 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 18, 2017.  She can now work for her employer for three years on an H-1B status.

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Post image for H-1B Approval for Dental Clinic Petitioner, Korean Dentist Beneficiary in Cleveland Ohio

CASE: H-1B Visa Petition

PETITIONER:  Dental Clinic

BENEFICIARY: Korean Dentist in Cleveland, OH

Our client is a dental clinic located in Cleveland, 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 Doctor of Dental Medicine in the United States. Moreover, she is a licensed dentist in the state of Ohio. The proffered position for the Beneficiary was an associate dentist which we argued qualified as a specialty occupation.

Upon retention, our office prepared and eventually filed the H-1B visa petition with various supporting documents on March 31, 2017 via regular processing. This H-1B petition was selected after the lottery.  Eventually, our client’s H-1B application was approved on August 29, 2017.

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Post image for H-1B Approval for Mental Health and Welfare Agency Petitioner, Taiwanese Outpatient Services Clinician Beneficiary in Columbus Ohio

CASE: H-1B Visa Petition

PETITIONER:  Mental Health and Welfare Agency for children

BENEFICIARY: Taiwanese Outpatient Services Clinician in Columbus OH

Our client is a comprehensive children’s mental health and child welfare agency in Columbus, OH.  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 her Master of Science in Social Administration in the United States. The proffered position for the Beneficiary is an Outpatient Services Clinician 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, 2017 via regular processing service. This H-1B petition was selected after the lottery. Our client’s H-1B application was approved on August 19, 2017 without any Request for Evidence (RFE).

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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 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 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 H-1B Visa Petition (Concurrent Employment) Approval for Law Firm and Nigerian IT Quality Assurance Project Manager in Cleveland Ohio

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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Post image for H-1B Visa Extension Approval for Architectural Design Company and Turkish Architect in New York, NY

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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Post image for H-1B Petition Approval for IT Consulting Company Petitioner in Jacksonville Florida and Indian Computer Systems Analyst Beneficiary in Charlotte North Carolina

CASE: H-1B Visa Petition

PETITIONER: IT Consulting Company in Jacksonville, FL

BENEFICIARY: Indian Systems Analyst in Charlotte, NC

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

The beneficiary obtained his Bachelor’s degree in Information Technology in Belgium. Beneficiary is currently working in the United States under L-1 status. 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 29, 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. Moreover, the RFE requested our client to prove the Beneficiary’s qualification is sufficient to work as a systems analyst.

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. Furthermore, we included several professional evaluation letters for Beneficiary’s degree and previous work experience to demonstrate that he is qualified. 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 December 19, 2016.  Eventually, our client’s H-1B application was approved on January 12, 2017. Now, the beneficiary can work for the Petitioner until August 2019.

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