Our immigration law firm in Philadelphia will often handle cases that were previously denied because the immigration law firm that initially handled the case did not recognize all of the issues and/or did not properly prepare the evidence.
An internationally renowned spa recently hired Getson & Schatz, P.C. to re-file an H-1B Petition on their behalf for the position of Spa Manager after USCIS denied a petition for the Spa Manager position that was prepared by another law firm.
After having denied the petition the first time on the basis that the Spa Manager position was not a specialty occupation requiring a Bachelor’s Degree in a specialized field as a minimum requirement for hire into the position, USCIS reversed its prior decision and approved the H-1B petition based on the evidence we provided.
With the re-filing of the petition we included a detailed job description of the Spa Manager position with the percentage of time devoted to each job duty and the educational requirements. We also demonstrated that Spa Managers in larger spas with revenues over a certain threshold like our client perform more complex duties than Spa Managers in smaller, low revenue spas, thus necessitating the need for a specialized Bachelor’s Degree.
Spa Managers in large, high revenue spas perform duties related to Financial Management, Marketing, and Human Resources which require a particular type of Bachelor’s level education to perform. We provided multiple letters from professionals in the Spa Industry attesting that spas similarly sized to our client with similar annual revenues normally require their Spa Managers to hold a specialized baccalaureate degree. We also provided numerous Linkedin profiles of Spa Managers in positions parallel to the Spa Manager position being offered by our client wherein each and every Spa Manager had a specialized Bachelor’s Degree.
The evidence clearly set forth that the requirement of a baccalaureate degree in a specific specialty is common to the industry in parallel positions among similar organizations and that the nature of the specific duties of the Spa Director position are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher in a specific specialty. As such, USCIS approved the H-1B petition for the Spa Manager position that it had denied before.
Our Philadelphia immigration lawyers successfully helped a large shipping and distribution company petition USCIS in order to employ an H-1B worker who wished to change employers. A similar company had employed this worker, who possessed a Master of Science Degree in industrial engineering. Our firm helped our client secure his employment in H-1B status for their shipping and distribution services by thoroughly explaining how his degree related to the performance of the job duties of the position. Getson & Schatz conducted research on the worker’s job description, field of study, and particular coursework in order to evidence to USCIS that his Master of Science degree did, in fact, give the H-1B worker the theoretical and practical application of a body of highly specialized knowledge required for his position. Due to H-1B visa portability rules for cap exempt change of employer petitions, our client began employing the H-1B worker immediately after filing its Form I-129 Petition and will continue to employ this highly skilled worker with a professional degree for the duration of his H-1B status now that the petition filed on his behalf has been approved.
With the help of our Philadelphia immigration attorneys, a prominent college successfully petitioned for an H-1B change of employer for a specialty occupation worker who transitioned from the private sector to academia, while also helping this professor’s wife and child secure H-4 status. This specialty occupation worker holds a Ph.D. in food science and is the beneficiary of an approved EB-2 I-140 National Interest Waiver Petition whose priority date is still years away from becoming current. He had been working at a large meat producer in H-1B status while waiting for his priority date to become current. Our client desired to employ this H-1B worker as a Professor of Food Science, and his attainment of a Ph.D. in that field gave him the theoretical and practical application of a body of highly specialized knowledge that his position demanded. He was also highly qualified for the position based upon his experience in the food science industry including having interned at an internationally known beverage manufacturer. Our Philadelphia immigration lawyers filed the college’s Form I-129 Petition before its spring semester started, allowing the incoming professor to begin teaching immediately due to the H-1B visa portability rules for H-1B change of employer petitions. Further, as this professor has a wife and child, our immigration lawyers prepared and filed Forms I-539 for both of his dependents to extend their H-4 status. With USCIS’ recent approval, the college can look forward to instructing the food scientists of tomorrow with the help of an H-1B specialty occupation worker, and this worker will be able to do so with his family by his side.
Getson & Schatz represented a preparatory school in the process of sponsoring an individual for an H-1B visa status for the position of Science Teacher. The client was a citizen of the Philippines who had previously been in the United States in J1 Status and was subject to the 2 year home residency requirement which he fulfilled prior to being sponsored for H-1B status. In order to obtain an H-1B visa, the job must be in a specialty occupation and the petition must be submitted by the company not the employee. Our Philadelphia immigration lawyers filed an I-129 Petition for consular processing which received a 2014 H-1B cap number. The Petition included a letter we drafted for the school providing background information about the school and discussing the nature of the position. The Petition also included evidence of his professional credentials to satisfy the position requirements, namely his academic records and an evaluation report of an education credential evaluator to establish that he earned the equivalent of a US Bachelor of Science Degree. After considering all of these factors, USCIS approved the Petition for an October 1, 2013 start date.
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 1st.
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.
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