H-1B Visa Sample Cases from our office

These are some sample cases from our files. It is impossible for us to present all have done past over 15 years of our practice. But these were some cases that came to mind when we started writing this column 2-3 years ago.

We were approached by an employer in the pharmaceutical manufacturing industry to respond to an RFE (Request for Evidence) for an Operations Research Analyst. The RFE indicated that the job duties were vague, and did not allow the USCIS to ascertain the minimum requirements for the position, or determine whether it constituted a specialty occupation. We responded with painstaking detail, elaborating the job duties and providing considerable context about the employer and the strict FDA (Food and Drug Administration) regulations that they are required to operate under.  We also included significant corroborating evidence, including detailed letters from industry experts, expounding on the positional requirements and complexity of the job. The petition was approved.

Status: We also included significant corroborating evidence, including detailed letters from industry experts, expounding on the positional requirements and complexity of the job. The petition was approved.

 

DISCLAIMER: 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.

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Category: H-1B Visa

Our office was retained to process an H-1 Change of Status petition for a Quality Assurance Engineer working on a turnkey project owned by a middle vendor at a client location.  We explained to USCIS that the end-client was infact the vendor, who “owned” the project.  USCIS denied the petition, holdingthat we had failed to obtain proper documentation from the end-client.  We filed an MTR with extensive arguments and evidence that the petitioner was the actual employer of the beneficiary and that the vendor, not the end-client, owned the project. 

USCIS accepted our arguments and approved the petition and the attached I-94.

DISCLAIMER: 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.

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Category: H-1B Visa

We were retained for an H-1B petition.  USCIS issued a Request for Evidence asking for proof that the beneficiary would be employed in-house and that the petitioner has sufficient specialty level work available for the beneficiary.  No project information or agreements entered into with the clients could be provided to USCIS as evidence because of the confidential nature of the projects that the beneficiary would be required to work on in-house.  Therefore, we relied on secondary evidence supported by legal arguments.  USCIS accepted our arguments and approved the application. Albeit inconsistently, USCIS does understand that sometimes it is impossible for an H-1B employer to provide expected documents because of confidentiality requirements in their contracts with end-clients.

DISCLAIMER: 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.

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Category: H-1B Visa, RFE

We filed an H-1 application for a Bonsai Nursery/Facility Manager. USCIS issued a Request for Evidence (RFE) challenging whether or not a specific Bachelor’s level education is required for this position. We filed a detailed response, with voluminous evidence the specialized nature of the job. We urged USCIS to consider the merits of the job description and what it would take to perform the job. We argued job titles alone are not dispositive of the nature of a job.

USCIS approved the application.

DISCLAIMER: 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.

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Type of case: H-1B Extension

We were retained to file H-1B extension for the job title of Manager, HR and Training Operations [SOC (ONET/OES) Occupation Title of 11-3131 Training and Development Manager]. USCIS questioned that the job does not qualify as specialty occupation because the position falls within the category of HR Managers, and, as such, no specific degree or education is required to train for the position of HR Manager.

This was a very difficult case because we had the task of differentiating the proffered position of Manager, HR and Training Operations from that of HR Manager, even though Beneficiary was performing some of the HR Manager functions and his job title appeared to be similar to HR Manager.

We argued in the RFE using decided cases that USCIS should take into account the nature, scope, and size of the Petitioner’s business enterprise along with Petitioner's hierarchy/staffing levels to determine the importance of Beneficiary’s position. We provided data from various universities and arguments how the data correlates with the offered job.

USCIS accepted our arguments and approved the case.

DISCLAIMER: 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.

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