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Immigration Law Success Stories
August 17, 2014

Getson & Schatz, P.C. successfully represented an independent, coeducational, college preparatory boarding school in obtaining approval for an H-1B visa for a beneficiary for the position of Market Research Analyst under the FY-2015 H-1B cap.  The job duties of the position involve choosing the most effective and profitable type of market research to increase student enrollment, organizing and analyzing data to determine its relevance to marketing strategies, determining which new markets to enter and where to focus marketing efforts, deciding how the marketing budget should be allocated, and selecting optimal marketing strategies.

The beneficiary had been employed in the position working from outside the United States but the employer preferred the beneficiary to relocate to the United States in order to have access to data and other resources necessary for the development of a successful marketing plan for the school’s recruitment efforts.

Our Philadelphia immigration attorneys compiled evidence pertaining to the beneficiary’s qualifications to demonstrate that the beneficiary was qualified to perform the job duties of the occupation and that the position being offered was in fact a specialty occupation; meaning it is an occupation that requires theoretical and practical application of a body of highly specialized knowledge and the attainment of United States Bachelor’s or higher degree or its equivalent.

The position being offered required both theoretical and practical application of a body of highly specialized knowledge and attainment of a United States Bachelor’s degree or its equivalent in Business Administration, Marketing or a related field. The beneficiary was qualified for the position as she holds a United States Bachelor of Business Administration Degree in International Business/Marketing.

The petition included college transcripts to indicate that the beneficiary had in fact received a degree in Business Administration.  Certified course descriptions from the University were also included to help support the case and the letter from the petitioning employer provided a detailed explanation as to how the various courses taken by the beneficiary are related to the position being offered.   A copy of the most recent U.S Bureau of Labor Statistics Occupational Outlook Handbook for the position of Market Research Analyst was also included to show that a Bachelor’s degree in Market Research or a related field is a standard requirement for the position. The Handbook indicates that math and analytical skills, knowledge of statistics, research methods, and marketing skills utilized in performing the duties of a Market Research Analyst position are gained through coursework in pursuit of a Bachelor’s degree in Business Administration.



June 23, 2014

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.



June 10, 2014

Getson & Schatz P.C. successfully represented an Architecture and Planning firm in obtaining approval for a cap-subject H-1B petition on behalf of a Chinese beneficiary for the position of Landscape Designer. The job duties of the position included collecting information for design projects, planning designs and preparing design schematics, performing drafting work, collecting and compiling grounds maintenance data and plotting topographic surveys.

The 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 Landscape Architecture or Urban Planning. A letter from the employer detailed that the minimum requirement for the position was a Bachelor’s Degree or its equivalent.

The Beneficiary was in the United Sates in lawful F-1 status and eligible for a change of status to H-1B status effective October 1, 2014 under the “cap gap” regulation as her Optional Practical Work authorization was valid through July 2014. Our Philadelphia attorneys were able to compile evidence showing that the Beneficiary met the requirements of the position as she was awarded a Master’s Degree in Landscape Architecture; a copy of the Beneficiary’s degree and academic transcript were included to show this and to show that the Beneficiary was indeed qualified for the position.

Based on this information, our Philadelphia immigration lawyers were able to help our client receive approval for Form I-129 for a FY-2015 H-1B U.S Masters Cap Petition for a change of status from F-1 status to H-1B status, allowing the Beneficiary to accept the position and work lawfully within the U.S.



May 12, 2014

Getson & Schatz P.C. was able to successfully represent a performance optimization consulting engineering firm in securing an H-1B visa for a prospective employee for the position of a Performance Optimization Engineer pursuant to a FY-2015 H-1B cap petition. The consulting firm provides services to companies that own or operate bulk chemical processing assets in the power, oil and gas, mineral processing and water/waste water treatment industries. The firm wanted to hire a Performance Optimization Engineer with chemical engineering capabilities to understand and apply their proprietary instrumentation and process designs to their clients in a safe, reliable manner that conforms to industry standards and regulations. The job duties involve evaluating and making improvements to the performance of power facilities and incorporating the proprietary technology to deliver maximum pollution control efficiency with minimum cost and resource allocation.

The Beneficiary was currently in the United States in lawful L-1A status but was requesting consular processing to apply for an H-1B visa to enter the United States to work for the company effective October 1st.  A letter from the company was included with the petition documenting that the position involved a Bona Fide, Non Speculative Job Offer and showing the need for the position due to increased demand for custom performance optimization that exceeded the capabilities of their current employees. The firm required the Beneficiary in this position to help them stay ahead of their competition and to fully meet the needs of their power, oil & gas, mineral processing and water/wastewater treatment clients.

Our Philadelphia immigration law firm helped to compile evidence showing that the Beneficiary was qualified for the position and that the position was one required of the firm. A letter from the employer detailed that the position required theoretical and practical application of a body of highly specialized knowledge and attainment of a Master’s Degree or its equivalent in Chemical Engineering, a standard minimum in the company and industry for the Performance Optimization Engineer position. The letter also detailed how coursework in attaining a Master’s degree or its equivalent in Chemical Engineering provides knowledge of the chemistry, physics, engineering and applied mathematics necessary to perform the job duties of the position.

The Beneficiary met the requirements for the position as he was awarded a foreign Master’s Degree in Chemical Engineering that was evaluated to be equivalent to a United States Master’s Degree in Chemical Engineering. To provide evidence of this, a copy of the beneficiary’s Master’s Degree from his university was included, as well as a degree equivalency evaluation.

Based on this evidence, USCIS approved the FY-2015 H-1B cap petition for the Beneficiary requesting consular processing, enabling the Beneficiary to accept the position and lawfully work within the United States in H-1B status.



February 10, 2014

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.



January 23, 2014

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.



August 22, 2013

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.



January 20, 2013

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.



December 15, 2012

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.



August 29, 2012

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.



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