US Work and Immigration Options for Foreign Professionals
US Work and Immigration Options for Foreign Professionals
A discussion with two members of our community
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Can H-1 Visa Workers Do Business in the USA
Can H-1 Visa Holders Do Business in the USA?
A community discussion
Successful response to an H-1B petition RFE for a Staff Accountant questioning specialty occupation and degree in a non-accounting field
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.
Nonimmigrant Visas
Profession/Occupation
Immigration Law
Guestbook Entry for Wendy Zhang, United States
Name
Wendy Zhang
Country
United States
State
CA
O-1 for Pharmaceuticals Scientist
We have received an approval for an O-1 for a pharmaceuticals scientist employed by a small company. The case was approved without an RFE where we clearly showed the advanced nature of the work and the qualifications of the beneficiary. The outcome of O-1 visa petitions is always unpredictable, and, as a practical matter, more so where the employer is a very small company. Despite its size, the company was engaged in highly specialized and advanced level work. In addition to the beneficiary’s qualifications, the nature of the work was probably decisive in tippi
Status
O-1 approved
Nonimmigrant Visas
Profession/Occupation
Guestbook Entry for Aditya Mahajan, United States
Name
Aditya Mahajan
Country
United States
State
North Carolina
Another H1B Approval After a Period of being out of status and unlawfully present
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.
Nonimmigrant Visas
Profession/Occupation
EB1 Outstanding Researcher Ph.D. in Experimental Chemical Physics
We won an EB-1 Outstanding Researcher case for an applicant with a Ph.D. in Experimental Chemical Physics filing under Premium Processing. The case was decided within two days of submission. The applicant had over eleven years of research experience and an abundance of publications as a result of his extensive list of original findings. As a result of the multitude of publications in prestigious, international scientific journals, the applicant’s work was also extensively cited.
Profession/Occupation
Green Card
Reminder on G-28, Notice of Entry of Appearance as Attorney or Accredited Representative
- Download Form G-28 (1KB PDF)
- Download Instructions for Form G-28 (1KB PDF)
Purpose of Form :To provide information on your eligibility to act on behalf of an applicant, petitioner, or respondent.Number of Pages :Form 2; Instructions 3Edition Date :02/28/13. No previous editions accepted.Where to File :
File Form G-28 with the related application, petition, or appeal.
Filing Fee :$0Special Instructions :
Guestbook Entry for Dilip Jeyram, United States
Name
Dilip Jeyram
Country
United States
State
VA
H-1B for Recruiter Position
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.
Nonimmigrant Visas
Profession/Occupation
Guestbook Entry for Vaidehi, United States
Name
Vaidehi
Country
United States
State
PA
Eligibility of Undocumented Immigrants to Obtain a License to Practice Law in California
The Committee of Bar Examiners (Committee) — the entity within the State Bar of California (State Bar) that administers the California bar examination, investigates the qualifications of bar applicants, and certifies to this court candidates it finds qualified for admission to the State Bar — has submitted the name of Sergio C. Garcia (hereafter Garcia or applicant) for admission to the State Bar.
Guestbook Entry for Guru Amrit Khalsa, United States
Name
Guru Amrit Khalsa
Country
United States
State
VA
EB1 - Outstanding Researcher
We won a case for Outstanding Researcher for a Ph.D. in Organic Chemistry. This individual acted as a judge of the work of her research peers. We were able to provide 9 letters of recommendation reflecting the innovative work performed by this applicant. We also provide evidence to show the extensive citations of her findings.