H1B PETITIONS

Third Party Worksites

We have successfully handled a number of Third Party Worksite cases (post January 8, 2010 Neufeld Memo), including cases involving multiple parties and employment placement companies, without issuance of a Request for Evidence (RFE) under both Regular Processing and Premium Processing Service. The H1B Petitions addressed each of the items referenced in the Neufeld Memo and verified the employer-employee relationship.

Correlation between Position Offered & Education/Experience

We have successfully handled several H1B Petitions where the relationship between the Beneficiary’s degree and/or experience and the position offered was unclear. The H1B Petitions drew a nexus between the Beneficiary’s course work and/or experience as applied to the position offered. USCIS approved the majority of these cases without issuance of a Request for Evidence (RFE) under both Regular Processing and Premium Processing Service.

Salary Below Prevailing Wage for Position

We have successfully handled several H1B Petitions where the Beneficiary’s initially salary appeared to be below the Prevailing Wage for the position offered. Upon review of the Beneficiary’s proposed job duties and the Department of Labor’s occupational categories, we were able to identify the appropriate occupational category for the position with the parameters of the salary offered.

Start-up Companies/Small Offices

We have successfully handled a several cases involving start-up companies and companies with fewer than five (5) employees, without issuance of a Request for Evidence (RFE) under both Regular Processing and Premium Processing Service.

Layoffs/Terminations

We have successfully handled a multiple H1B Transfers where the Beneficiary was out of work due to a layoff or termination, in some cases for as long as six (6) to eight (8) months. The H1B Transfer Petitions addressed the Beneficiary’s employment status and requested a discretionary transfer from USCIS.

Benching

We have successfully handled several H1B Transfers where the Beneficiary was benched by his current employer and was unable to produce a paystub or earnings statement to verify his/her valid employment status. The H1B Transfer Petitions included a thorough explanation addressing the benching issues and the steps taken by the employee to maintain an employer-employee relationship, and requested a discretionary H1B Transfer from USCIS.  

221 (g) Suspension Notice (“Pink Notice”)/Administrative Processing

We have quickly and successfully resolved H1B visa issuance delays, involving 221 (g) Suspension Notices (“Pink Notices”) for H1B visa applicants subject to additional administrative processing at the United States Consulate in Chennai, India.

Management Consultants

We have successfully handled a number of TN Petitions and TN Nonimmigrant Visa Applications involving the Management Consultant Occupational Category, where the Beneficiary qualified for the position on the basis of five (5) years of employment experience rather than a bachelor degree. The TN Petitions/Applications described in detail the proposed Management Consultant duties and included thorough verification statements from the Beneficiary’s previous employers, fully describing his or her previous Management Consultant positions.

Computer Systems Analyst

We have successfully handled a number of TN Petitions and TN Nonimmigrant Visa Applications involving the Computer Systems Analyst Occupational Category, where the Beneficiary qualified for the position on the basis of a Post-Secondary Diploma/Post-Secondary Certificate, plus three years of experience, rather than a bachelor degree. The TN Petitions/Applications described in detail the proposed Computer Systems Analyst duties and included thorough verification statements from the Beneficiary’s previous employers, fully describing his or her previous Computer Systems Analyst positions.

Scientific Technicians/Technologists

Experience Gained with Current Employer

We have handled several cases involving EB-2 and EB-3 Applicants who qualified for the position (in whole or in part) on the basis of their previous experience with their current employer (in a materially different position). The Department of Labor has Certified every PERM Labor Certification Application (Form ETA 9089) our Firm has filed which included experience gained with the same employer as a partial or total basis for qualification for the position.

Cook/Specialty Chef

We filed a PERM Labor Certification Application (Form ETA 9089) on behalf of a Cook/Specialty Chef position, which required two (2) years of experience in the field (exceeded the SVP for the position). The PERM Labor Certification Application (Form ETA 9089) was Certified by the Department of Labor without an Audit Notice.

Spanish Teacher

We filed a PERM Labor Certification Application (Form ETA 9089) on behalf of a Spanish Teacher position, which required knowledge of a foreign language (Spanish). The PERM Labor Certification Application (Form ETA 9089) was Certified by the Department of Labor without an Audit Notice.

Engineers

We have filed over one hundred (100) PERM Labor Certification Applications (Form ETA 9089) on behalf of engineers in every specialty area (Civil, Electrical, Mechanical, Environmental), all of which were Certified by the Department of Labor without issuance of an Audit Notice.

Audit Responses