PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
We filed an H-1B extension for a specialized medical practice on behalf of a physician who had completed a fellowship in this specialty. We subsequently received a Request for Evidence questioning whether his position satisfied the requirements for a specialty occupation and questioning his current immigration status. In our response we noted facts that were already on the record, included probative data from a occupational handbook often cited by the government, and argued that when the offered position requires highly specialized knowledge such as this and when it is established, through his credentials, that the beneficiary possesses such specialized knowledge, the statutory requirements have been established. We argued that the evidence already on the record proved by a preponderance of the evidence that the offered position comports with the government’s description. Nevertheless, we did provide additional evidence in support of this. We also addressed the question as to beneficiary’s maintenance of his current immigration status by providing evidence and explanation about how he was paid by the employer. The petition was approved seven days after our filing of the RFE Response.
Status: The petition was approved seven days after our filing of the RFE Response.