Our client received a request for evidence, questioning its ability to pay all beneficiaries it petitioned for. We reviewed the company’s tax returns and other relevant financials, and demonstrated to USCIS that the unique totality of circumstances of this particular employer warranted approval. We furnished evidence, including information about the company’s background, its activities and ongoing contracts, and commentary, analyzing the entity’s cash flow metrics, in support. The case was approved after three months.
EB2 Green Card Sample Cases
How does one prove that five years’ experience gained while working for one employer, with one job title is progressively responsible in nature?
That issue was key in a recent EB-2, I-140 petition. USCIS issued a Request For Evidence (RFE) alleging that although the employee had the requisite experience, he had failed to establish that his experience had grown progressively responsible after receipt of his Bachelor’s degree.
Note that a requirement of EB-2 category is that the foreign worker must possess a Bachelor’s degree and 5 years of progressively responsible, post-bachelor’s experience. So, unless we are able to prove that the experience is “progressively responsible,” we would lose our EB-2 case. The complication here was that all five years of experience were with same employer and the same job title. It took considerable investigation and understanding of the IT field, but we could see that the experience was indeed progressive. Accordingly, we responded with a significant amount of evidence, including employment letters, affidavits, and pay stubs. We also presented several cases and legal arguments that backed our position.
The petition was approved in less than two weeks.
We represented a consulting company and their employee, a Senior Quality Assurance Analyst. USDOL had denied PERM certification after an audit holding that we had failed to submit tear sheets from our Sunday advertisements. We filed the appropriate motion establishing that it was highly likely, if not certain, that the tear sheets were in fact submitted. We provided evidence from our files, affidavits, and proof of our firm’s normal business practice.The case was approved in less than three weeks.
We represented a technology consulting services corporation and a Senior Programmer Analyst employed by the firm. We submitted electronically the applicant’s labor certification (PERM) to the USDOL. They denied certification without a request for explanation or audit. The USDOL denial alleged that the employer was required to show on the ETA 9089 (the PERM form) what methodology was used for the foreign degree evaluation. We responded with appropriatemotion showing that this was clearly government error and a violation of due process. The forms provide no way of stating this information. We further presented several legal arguments and cases in support of our clearly justified position. Unfortunately, there is no way to spare anguish and uncertainty inflicted upon our clients, but USDOL did recognize the error and moved to correct it.
The case was approved within four weeks.
We represented a physician working for a healthcare network within several counties of a Medically Underserved Area (MUA). Initially, we submitted the required documents, but the tricky issue was the division of the physician’s service over several counties. The approval in this case required that we work closely with officials from the State Health Department to provide proper documentation and verification of the full-time nature of the job, albeit across several areas and proof of physician shortage within each area. At the I-140 stage of the NIW, USCIS issued a relatively minor Request for Evidence requesting a recently dated full-time employment contract listing the full, required period of service.
We represented a physician working for a veteran’s facility within a medically underserved area. The NIW was approved. Before completing her waiver time, she needed to move from the approved location to another location AND switch from a MUA to the Veterans Administration. Unfortunately, the law and the procedures involved in moving MUA’s and moving from a MUA to another NIW mode are very poorly documented. Some of the legal territories are just not well defined. Nevertheless, we filed the appropriate petition,submitting what we believed were the required documents. To meet the total five-year requirement, we also submitted employers’ letters to capture all prior service at other medical facilities within underserved areas while the applicant was on valid H-1B.
USCIS acknowledged the prior service, approved the case, and assigned the original priority date to our client.
We filed an EB-2 I-140 Petition for a petitioner corporation and a beneficiary Senior Systems Analyst. The USCIS sent us a Request for Evidence (RFE), requesting information proving that the petitioner would be in an employer/employee relationship with the beneficiary and that the petitioner had the ability to pay the proffered wages for all of the beneficiaries for whom it had petitioned.
We filed a lengthy response with nearly forty exhibits. The petition was approved less than three weeks later.
We filed a PERM application under EB-2 for a Senior Programmer Analyst’s position early this year. Three months later, U.S. Department of Labor (DOL) issued an Audit Notification. Immediately following our response, DOL denied the application, citing that our audit response did not include a copy of the job order. Our response, in the form of an MTR (Motion to Reconsider)/Appeal, included a clear exposition of the law and a BALCA decision in which the Administrative Law Judge held that the job order is not a mandatory document required to be submitted, and therefore, the denial was erroneous. Given that the denial reason was clearly an error on DOL’s part, we requested the case be placed into the government error queue so that the case would quickly be reopened and approved. Within one week, DOL certified the labor application.
We have recently received an EB2 approval for a Physical Therapist. EB2 classification has become especially important now that EB3 category cases for severely backlogged countries are delayed so much. The good news with PT’s is that they do not have to go through the PERM process. But the bad news is that USCIS seems to question whether or not truly a Master’s degree or BS+5 years level job is being offered. The I-140 approval took 1.5 months in regular processing.
This applicant provided a 5-year contract for services in a medically underserved area, a copy of his J-1 residency requirement waiver, letters from the Health and Human Services office in his area requesting his services, documentation to reflect the statistics of the health professional shortage in his employment area as well as copies of his license to practice medicine.