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 applic
If an H-1B, H-2A, or H-2B petitioner submits evidence establishing that the primary reason for failing to timely file an extension of stay or change of status request was due to the government shutdown, USCIS will consider the government shutdown as an extraordinary circumstance and excuse the late filing, if the petitioner meets all other applicable requirements.