US Work and Immigration Options for Foreign Professionals
US Work and Immigration Options for Foreign Professionals
A discussion with two members of our community
US Work and Immigration Options for Foreign Professionals

We assisted petitioner, a public accounting firm, in filing an H-1B petition for beneficiary for the position of staff accountant. We received an RFE requesting additional evidence that the position qualified as a specialty occupation by satisfying at least one of the four qualifying criteria for a specialty occupation. In our lengthy response, we argued that the job duties, as detailed in the petition, and as compared with OOH’s job description for staff accountant not only comports with but goes beyond OOH guidance in its uniqueness and complexity.
U.S. Citizenship and Immigration Services (USCIS) provides additional guidance regarding the Employ American Workers Act (EAWA) to employers seeking to file H-1B petitions.
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We were recently retained by an employer whose employee fell out of status due to an omissions by the former counsel. Prior to the employee’s H1B expiration date, the employer tried to file an H1B extension. The employer’s former Counsel utilized an obsolete and inappropriate wage source when filing the LCA. This wage amount was also not representative of what the employee was earning. As a result, the employer had to withdraw the LCA. This circumstance resulted in an untimely filing of the employer’s H1B application and the employee’s status expiring due to no fault of his own.
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A recruiting firm for accountants retained our services to file an H-1B petition for a recruiter. Typically, it is difficult to justify that the position of a recruiter qualifies as an H-1B level occupation. Our petition to USCIS argued, however, that even though recruiters do not generally qualify as a specialty level occupation, the present case is different because the beneficiary will be hired as an International Accounting/Finance Recruiter.
Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions
Introduction
A new member of our community, Blueheron wanted to know -
I am reproducing material from our employers-only (by invitation only) conference call for tomorrow. These matters need to be in place for H-1 new applications, transfers as well as extensions.