L-1A
We obtained an L-1 for the owner of a company where the USCIS posed an objection that the company had only one employee and a team of consultants. We were able to obtain approval, nonetheless.
We obtained an L-1 for the owner of a company where the USCIS posed an objection that the company had only one employee and a team of consultants. We were able to obtain approval, nonetheless.
We obtained a start up L-1 for the president and owner of a company opening a chain of grocery stores. Though the foreign related company had an unrelated business, our firm was able to justify why the beneficiary needed to be transferred to the U.S. to start up the new, unrelated business.
We were retained to assist with re-filing a complex L-1B petition. The case had various intricate issues regarding the beneficiary's eligibility for L-1B classification. One prominent issue was that the petitioner wanted the beneficiary to operate from the client site instead of the premises of the petitioner. The earlier petition, processed in-house by the employer, was denied by USCIS on the grounds that the petitioner failed to satisfy eligibility criteria for L-1B classification.
We won an O1 Visa for the applicant who is known world wide for his expertise is in the area of solid organ transplant pathology. He was working as a surgeon at a prestigious institute. We offered evidence to show that he is part of the small percentage in his field that have achieved the highest level of success and thus is known throughout the world as one of the best surgeons in his specialty. We submitted opinion letters from various world-renowned experts describing the innovative and pioneering results of this applicant's work.
We have obtained several R-1 visas. One case that presented an interesting challenge was where the applicant performed secular, administrative duties. CIS believed that an R visa was not appropriate. We were able to show facts and law that convinced the USCIS to issue the visa.
We have provided consultation and completed some DoD H-1B cases. In one of these, the beneficiary was about to reach the six-year limit of his H-1B status, and changed to a H-1B2 in order to be eligible for an additional four years of stay. It appears USCIS itself is unfamiliar with H-1B2 visas. We often end up educating CIS on even the most basic legal issues in this area.
We filed an ETA 9089 (PERM) Petition by mail in July 2008, as the advertisements were expiring and DOL had a delay in registering the company's PERM account. A denial was issued on the grounds that the advertisements and prevailing wage were expired when the case was received for processing. Further inspection noted a typographical error by DOL in the year the case was received.
We were called upon to correct a situation. USCIS sent an RFE stating that the degree and field of study did not match with the labor certification requirements. The I-140 beneficiary had a degree in agricultural science. The employer's requirement in the labor certification was a BS degree in Computer Science, Engineering, and Mathematics.
We were hired to respond to an RFE. Client filed an EB2 I-140, where the PERM Petition required a Bachelor's and 5 years of experience. The client received an RFE in which USCIS argued the Beneficiary's degree, a Bachelor's in Commerce from India, equates to a 3-year degree and cannot be considered for an EB2 case. The Beneficiary possessed a four year Bachelor's Degree, however, this was not clearly established on his Degree. The client obtained his BS in Commerce before India switched to a standard 3-year program for his particular degree.
A beneficiary had two three-year bachelor degrees from India and consequently his I-140 petition was denied on the grounds that the beneficiary did not have a four-year bachelor's degree. We were retained after the denial. Our firm was successful in appealing and winning in less than one month. Of course, this case had unique facts. We cannot assume that all three-year degree cases will go trough this smoothly.
There were 4 applicants, all members of a family. USCIS denied them citizenship stating that they were not able to show that they maintained continuous residency requirements for citizenship. Two of the applicants were students. They had gone abroad to study. One of the students had a shoplifting charge against him in the USA and had this as additional ground for the denial.
We filed for Citizenship for a couple living and working overseas on an N-470 for a US company. The couple had met all the requirements for Citizenship, but the US employer needed them to remain overseas until the project was completed. During the processing of the application, they returned to the United States for the fingerprinting and interviews.
We filed an applicant's N-400 Petition for Citizenship where the applicant was out of the US for 400+ days. USCIS issued a RFE requesting information about the applicant's stay outside the United States without the requisite N-470. We were able to provide several arguments justifying the out of country stay, demonstrating that the applicant had no intention of abandoning US Permanent Residency.
We won a case for National Interest Waiver a Microbiologist holding a Ph.D., 12 publications and over ten years research experience. We were able to provide evidence of a strong national interest through numerous letters of recommendation from leading scientists. This applicant had an international reputation in his field.
We won a case for Alien of Extraordinary Ability a Mathematician holding a Doctorate of Mathematical Science, numerous “invited” publications and presentations as well as several prestigious international awards. We were able to provide evidence of extraordinary ability through letters of recommendation from leading mathematicians around the world. This applicant had strong support from the U.S. government and industry.
We won a case for Alien of Extraordinary Ability in environmental sciences with 9 publications, numerous “invited” committee memberships, a judge of the work of many other leading scientists and considered one of the leading experts in his field. We were able to provide evidence to show that his work was innovative and pioneering.
We won a case for Outstanding Researcher a Cellular and Molecular Biologist with 8 prestigious awards, professional society memberships and multiple letters of recommendation from leading scientists. We were able to provide evidence to show extensive contributions to the field of cancer research.
An I-140 petition, or Immigrant Petition for Alien Worker, is filed to petition an alien worker to become a permanent resident in the United States. The employer must file an I-140 Petition on your behalf within 180 days from the date your Labor Certification is approved by the U. S. Department of Labor. An I-140 Petition may be filed without a Labor Certification where the beneficiary qualifies under EB-1 classification.
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We won a case for Outstanding Researcher a Physicist with 11 years research experience. He had 17 publications, a Ph.D. in solar cell research and numerous letters of recommendation from leading scientists around the world. His skills were noted by experts as being scarce in the field .
We won a case for Outstanding Researcher for applicant with 12 years of field experience as well as multiple years teaching. We were able to provide 14 letters of recommendation. The applicant had 14 publications in prestigious international journals. Experts in the field described candidate as “one of the few to reach the very top of the field.”
This applicant was a data recovery specialist under contract with the U.S. government providing critical skills to a high-level project. It was noted by referees that his knowledge and background were rare and greatly needed in the interest of our national defense. We provided documentation of his academic achievements as well as additional specialized training.
We won this case for an applicant with expertise in computer science utilizing his skills in the development of e-Government. His work was considered pioneering worldwide. We provided evidence that he was frequently called upon to present his work. He also served on numerous program committees.
We won this case for an applicant with five years research experience. The applicant was able to secure a very strong letter from the National Science Foundation director which detailed the innovative and pioneering work of the applicant. It was noted that his skills were critical for an initiative developed by the Foundation. We also offered evidence of his strong Ph.D. work as well as his publication record.