Sample Cases from our office

The applicant completed a three-year Diploma in Computer Engineering from an accredited institution in India (Government Polytechnic Mumbai). The applicant was then directly admitted to the second year Bachelor of Engineering (B.E) program at an advanced level and completed the four-year degree B.E. program.

We provided several items of evidence that indicated that the applicant had attained the foreign equivalent of a four-year Bachelor of Science degree in Computer Engineering from an accredited U.S. college or university.

The I-140 was approved.

We had a Labor certification case filed for an IT professional. The requirements were Bachelor's degree and 5 years of experience. We filed I-140 under EB-2 category.  After approximately 8 months, USCIS sent us an RFE saying Bachelor's plus five years would not qualify under EB2 unless the experience required is progressive in nature.  We knew that USCIS was wrong under the circumstances of the case, but an argument with the government was unnecessary because the EB-3 priority dates were then current.  In the RFE, the employer was also given an option of changing the classification to EB3. After discussion it was decided that employer will accept EB-3 classification since the priority dates for EB-3 category were current.  Then the EB3 and EB2 priority dates slipped back.

Recently when the EB-2 PD became current for our client, we applied again for an EB-2 I-140 using the same labor certification.
The I-140 approval was received along with the I-485 approval notice.

EB1 – Outstanding Researcher – Seed Technology/Plant Science
This week, we filed an I-140 petition premium processing and received an approval within 24 hours. The applicant had over thirteen years’ research experience, some of which was while working for a world-renowned company known for its innovative work in seed technology.  We were able to provide substantial documentary evidence of the applicant’s original contributions that began as early has his Ph.D. years. The applicant had published some very significant articles that changed the course of research for many of his peers. Thus, his publications were cited heavily in top scientific journals with high impact factors. We were also able to supply copies of articles featuring the applicant and his work. The applicant had also been invited to participate on a national advisory board for a prominent society due to his reputation in the scientific community. Reference letters from leading experts clearly defined this applicant as one of the very top scientists in this unique specialty.  The 24-hour turn around was a very pleasant surprise indeed.

We were recently retained at the I-140 Appeal stage for an I-140 denied on grounds of fraud/willful misrepresentation.  USCIS denied the I-140 citing inconsistencies between the ETA 9089 job requirements, the advertisements, and a subsequent letter sent by petitioner with an RFE pertaining to the job requirements.  Due to what USCIS termed as "material inconsistencies,"  the I-140 was denied on the grounds that the labor certification submitted was gained through fraud or willful misrepresentation of a material fact. Further, USCIS claimed the Petitioner/Beneficiary had no right to an appeal.  We felt that the allegations were very serious and could lead to reprecussions for the company.  A detailed discussion of the the incorrect legal and factual assumptions made by USCIS led to a reversal of the decision and reinstement of the labor certification and approval of the I-140.  This was a good way to start the new year for our clients and us.  :-)

In a case dating back to 2001, Petitioner eventually moved his office to a location greater than 50 miles from the address of the original office listed on the Form ETA-750. In 2008, USCIS issued an RFE requesting Petitioner to submit evidence showing that the new location is still within the same metropolitan statistical area (SMSA) as the original location. While Government Data and distance may suggest the two locations are not within the same SMSA, we created a new and original argument enabling the Petitioner to obtain I-140 approval.