CASE: H-1B Extension
PETITIONER: Waste Management Company
BENEFICIARY: Indian Chief Financial Officer
LOCATION: Hudson, MA
Our client is a wastewater treatment and management company in Hudson, MA. They contacted our office in early December 2019 to seek 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 our client (her current employer). She wanted to extend her H-1B status.
Once retained, our office promptly filed the H-1B visa petition with various supporting documents on January 17, 2020. 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. On January 30, 2020, our office sent premium processing upgrade request to the USCIS for this H-1B petition.
However, the USCIS issued Request for Evidence for our client’s H-1B case on February 14, 2020. The USCIS argued that proffered CFO position is not a “specialty occupation.” Our office filed an extensive RFE response to the USCIS on February 27, 2020. Eventually, our client’s H-1B Petition was approved on March 12, 2020. Now the Beneficiary can work for her Petitioner-Employer as an H-1B visa holder and she can work there for next three years.