Getson & Schatz represented a contract research organization (CRO) in the Philadelphia area in the process of sponsoring an individual for H-1B status. CROs provide support, outsourced on a contact basis, to the pharmaceutical, biotechnology and medical device industries, as well as foundations, research institutions, universities, and governmental organizations. This particular CRO employed a Canadian citizen in TN Status in the position of chemist. The CRO wished to sponsor the Canadian citizen for permanent resident status and since TN is not a dual intent visa whereas H-1B is a dual intent visa the Beneficiary wished to change status from TN to H-1B.  Our immigration lawyers filed an I-129 Petition to change Beneficiary’s status from TN to H-1B based on the specialty occupation nature of the position. To establish Beneficiary’s eligibility for this change of immigration status, our lawyers submitted numerous documents. First, our lawyers included a certified copy of our client’s Department of Labor-certified Labor Condition Application that showed our client would both pay Beneficiary  the required wage and that Beneficiary’s employment would not negatively affect the labor conditions of other similarly situated employees. In addition, our lawyers included a letter from our client in which our client outlined the specialization Beneficiary’s job demanded, the Ph.D. requirement of that job, and how Beneficiary satisfied those requirements through his education. Moreover, our lawyers provided Beneficiary’s professional credentials, degrees and academic evaluations as proof of his eligibility for the position our client offered. U.S. CIS approved the change of status from TN to H-1B.

We represented a corporation in Florida dealing in the acquisition, management, and disposition of residential real estate properties in sponsoring an individual for an H-1B change of employer petition for part-time employment as a financial advisor.  The nature of the position was to advise the corporation with regard to all financial aspects of the purchase and sale of its real estate properties.  Since the corporation was a small business we provided extensive documentation to USCIS to demonstrate that the position offered was a bona fide non-speculative job offer.  We provided documentation regarding the nature our client’s business, the complexity of its financial matters, and documents illustrating the type of real estate transactions the employee would be analyzing as part of his job duties.  The employee was qualified for the position as he had a Master of Business Administration Degree with a double-major in Real Estate and Finance.  The H-1B petition was approved.

Getson & Schatz, P.C. received approval for an H-1B Petition filed by a Philadelphia Optometry Practice. The Practice contacted us for legal assistance in hiring a new employee for a change of status from F-1 to H-1B for the position of Pediatric Optometrist to provide eye care services to children in the community.  Our firm assisted the Practice to clearly explain the nature of their business as well as the nature of the Pediatric Optometrist position to USCIS in a supporting letter and to prepare and file an I-129 Petition for Nonimmigrant Worker with H supplement.  The first step in preparing the H-1B petition was to file a Labor Condition Application (LCA) with the Department of Labor (DOL).  The LCA lists the prevailing wage for the proffered position and the wages to be paid to the employee. Once the LCA was certified by DOL, we filed Form I-129 along with the H Supplement and Form I-129 H-1B Data Collection Supplement. Our firm organized a detailed packet with the aforementioned forms, along with a letter from our client discussing the duties of requirements of the position, information about the business of the Practice, and the qualifications of the foreign national.  USCIS approved the H-1B nonimmigrant change of status petition and the H-1B status will take effect on October 1^st.

Getson & Schatz, P.C. received approval for an H-1B Petition filed by a U.S. Corporation that provides money transfer services to members of the community. The Corporation contacted us for legal assistance in hiring a new employee for a change of status from F-1 to H-1B for the position of Financial Analyst.  Our firm assisted the corporation to clearly explain the nature of its business as well as the nature of the Financial Analyst position to USCIS in a supporting letter and to prepare and file an I-129 Petition for Nonimmigrant Worker with H supplement.  The first step in preparing the H-1B petition was to file a Labor Condition Application (LCA) with the Department of Labor (DOL) following a determination of the prevailing wage for the position and the posting of the required notices.  The LCA lists the prevailing wage for the proffered position and the wages to be paid to the employee. Once the LCA was certified by DOL, we filed Form I-129 with H supplement clearly explaining the detailed financial analysis and strategic planning that the employee would be required to perform to maximize efficiency and productivity that could only be learned at the bachelor’s level.  The duties of the position involved developing audit criteria and procedure to make sure that all transactions are paid by the customers, that the transactions are delivered and received by the recipients, and that all transactions comply with the bank patriotic acts (against money-laundering & other illegal activities).  We also provided extensive evidence regarding the bona fide nature of the Company’s business.  USCIS approved the H-1B nonimmigrant change of status petition.

Our law firm represented a robotics research and development corporation in the process of sponsoring a Robotics Engineer for H-1B status.  The petition was for an expert in Robotics Engineering from India who was residing in India.   The nature of the position involved the design and development of robotic products.  The job duties consisted of Design and Development of Electronic Circuits,  Circuit Board Design and Fabrication, Embedded Systems Programming, Computer Application Development, Maintain source code repository, Create mechanical designs, Create Product Documentation, Coordinate with contract manufacturers, and Maintain product inventory.  The Robotics Engineer position required theoretical and practical application of a body of highly specialized knowledge and attainment of a United States Master of Science Degree or its equivalent in Robotics Engineering, Electrical Engineering, Mechanical Engineering, Computer Science or a related field.  USCIS approved the petition with an October 1st start date enabling the Indian national to apply for an H-1B visa at the US Embassy in Mumbai (Bombay), India.

Our Philadelphia Immigration Lawyers received an approval for an H-1B cap-subject petition for the position of Transportation Engineer that was filed via premium processing.  The H-1B Petition was filed by a nationwide Engineering Firm with a distinguished reputation.  One aspect of the transportation division of the Engineering Firm involves building roads that must be engineered in such a way to ensure that water properly drains from the roads and to minimize the impact of water drainage on the environment.  Hydraulic considerations must be taken into account in the design of roads, bridges and culverts.  Transportation engineering must provide for the removal of surface water (rain) from the roadway, the removal of capillary water held in the pavement by surface tension that is not subject to drainage, soil erosion, and an increase in the sediment load in runoff which can adversely affect the environment.  The transportation division of the Engineering Firm employs engineers to analyze and provide engineering solutions to the water considerations associated with road construction projects and wanted to hire the foreign national as part of this team.  The H-1B position involved performing job duties in furtherance of the water resource design needs of the Engineering Firm’s road construction projects.  The H-1B position required theoretical and practical application of a body of highly specialized knowledge and attainment of a United States Bachelor’s Degree or its equivalent in Civil Engineering with a concentration in transportation.  The employee met the required degree requirement and the H-1B petition was approved.

Our firm represented a preeminent medical research institution that sponsored an individual for H-1B status as a laboratory assistant conducting medical research.  The position had previously been approved by USCIS and we filed a 3 year extension petition.  The position was a specialty occupation requiring a Bachelor’s Degree or its equivalent in Biomedical Sciences or a related field.  The duties of hte position involved testing cancer drugs and developing and validating cancer prevention and treatment approaches for clinical trials.  The petition was approved by USCIS.

Getson & Schatz, P.C. provides immigration representation to a large hospital in Pennsylvania. The hospital needed help petitioning for a prospective H-1B employee for a change of employer. An H-1B nonimmigrant visa allows specialty occupation workers to temporarily work in the United States. There are two main requirements for an H-1B visa: (1) the position must be a specialty occupation requiring a U.S. bachelor’s degree or higher and (2) the person applying for the H-1B visa must possess a U.S. bachelor’s degree or higher or its equivalent. United States Citizenship and Immigration Services (USCIS) classified the hospital as a “cap exempt” H-1B employer because it is an Affiliate of a University and is also a non-profit research facility. In this case, our firm filed Form I-129 Petition for Immigrant Worker along with the H Supplement, Form I-129H-1B, and a copy of the Department of Labor (DOL) Labor Condition Application. The Labor Condition Application describes the wage to be paid, the prevailing wage for the position, and affirms that the employer will abide by certain regulations. We also provided a letter from the hospital regarding the formal job description of the position. Lastly, our firm filed a petition for the employee’s wife to obtain an H-4 nonimmigrant visa. The H-4 nonimmigrant visa is granted to derivatives (such as a spouse or children) of the primary visa beneficiary. USCIS approved the filings and the H-1B change of employer and H-4 extension of status were granted.

Our firm provides immigration representation to a prominent advertising agency in Philadelphia, Pennsylvania. Our client, the advertising agency, had been employing a nonimmigrant as a 3D Animator under in H-1B nonimmigrant status. The advertising agency wanted to extend the employee’s H-1B nonimmigrant status which was expiring after an initial 3 year period. Therefore, we filed Form ETA 9035 Labor Condition Application with the Department of Labor and thereafter filed I-129 Petition for a Nonimmigrant Worker, the H Classification Supplement to Form I-129, and Form I-129 H-1B Data Collection Supplement with United States Citizenship and Immigration Services (USCIS) to extend the H-1B employment without change for an additional 3 year period. USCIS approved the extension of the 3D Animator’s H-1B nonimmigrant status.

Getson and Schatz, P.C. has been continuously providing immigration representation for a company employing a Spa Manager in H-1B Specialty Occupation status. There are two primary requirements for an H-1B visa: (1) the position must be a specialty occupation, meaning it involves theoretical and practical application of a highly specialized body of knowledge typically obtained by a bachelor’s degree and (2) the beneficiary most hold a bachelor’s or higher degree in the specific field. We filed an H-1B extension petition for the Spa Manager position. We initially obtained information about the prevailing wage for the position for the work location. We then filed Form ETA 9035 Labor Condition Application (LCA) with the US Department of Labor. This form contains information about the wage to be paid to the H-1B employee. We also prepared and filed Form I-129 Petition for a Nonimmigrant Worker, H Classification Supplement to Form I-129, and H-1B Data Collection and Filing Fee Exemption Supplement. In addition, we prepared an employer letter detailing the specialized knowledge requirements for the position of a Spa Manager. Lastly, we prepared and filed Form I-539 Application to Extend/Change Nonimmigrant Status to extend the H-4 derivative status of the Spouse. United States Citizenship and Immigration Services (USCIS) approved the H-1B and H-4 extensions.