Immigration Law Associates
Chicago Lawyer, Attorney: Green Card, H-1B, National Interest Waiver, J-1, Spouse, Fiance, Student Visa, VAWA, Citizenship, Removal, Korean, Polish, Japanese, Spanish

Recent H-1B success stories


Operations Research Analyst for an Energy Company
An employer changed its ownership and corporate structure partway through the employee’s initial H-1B, but did not file an amended case. The employee was at risk of a status violation and denial of her H-1B extension petition. We made an argument, supported by extensive documentation, that the company had undergone a re-organization and was not a “new employer” who took over an existing H-1B worker without authorization. The argument was successful and her extension was granted.


Programmer Analyst for a Software Consulting Company
USCIS is now challenging many H-1B petitions where the employee is a consultant who will be placed as a client site. In this case, we overcame an RFE with a broad range of evidence proving that the consultant would be under the supervision and control of his employer – not the client – for the duration of his employment. Since the employee was already working with the employer on another status, we were able to submit his pay stubs and employment contract as well as a letter from the client documenting the understandings regarding supervision of the worker while onsite at the client site. The H-1B was approved soon after we filed the RFE response.


Database Administrator for a Small Beauty Supply Distributor
In this case, we determined at the outset that filing a petition for a “standard” Database Administrator would likely lead to an RFE and/or a denial. Given the petitioning company’s size and industry, we knew it would be very difficult to prove that the position qualified as a specialty occupation requiring a Bachelor’s degree in computer engineering or a related field. After a visit to the client site to familiarize ourselves with the company’s systems architecture, we asked if it would be feasible to offer the beneficiary a position as a more specialized SAP Database Administrator. The employer agreed, and we worked together to craft a new job description. The H-1B was approved soon after it was filed.


Product Management Director for a Biotechnology Company
USCIS equated this beneficiary’s position to that of a Marketing Manager, and argued that marketing positions do not normally require a Bachelor’s degree in a specific field. By providing an extremely detailed job description and extensive promotional materials for the company, we were able to show that even though marketing positions generally may not have a specific degree requirement, this position was so complex and technical in nature that a science degree was a must.


Pediatrician for a Pediatrics Specialty Practice
Our client received his medical training in the U.S. while on J-1 status. Before filing his H-1B petition we first had to apply for and obtain a J-1 waiver of the physician's two year home residence requirement through an Interested Government Agency as required under the U.S. immigration law. Once the waiver was in hand, we quickly filed and received an approval of his H-1B. He is now providing essential care to critically ill children in a medically underserved area.


Youth Pastor for a Protestant Church
USCIS had previously approved several of our H-1B cases for pastors without a request for evidence. This client filed its petition for a Youth Pastor in a much more difficult climate and received a lengthy RFE. We prepared an extremely detailed response demonstrating that this kind of position, regardless of its title, normally requires at least a Master’s degree in divinity. We convinced USCIS that the position of Youth Pastor was indeed a specialty occupation, and the H-1B was subsequently approved.

 

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