Sample Cases from our office

These are some sample cases from our files. It is impossible for us to present all have done past over 15 years of our practice. But these were some cases that came to mind when we started writing this column 2-3 years ago.

We successfully assisted the client company, an online retail business, in filing an L-1A “new office” petition to enable the beneficiary to join the U.S. subsidiary temporarily as Chief Executive Officer to lead the development and formulation of the U.S. Entity’s short and long-term strategy. While in the U.S. Beneficiary will continue to setup the business’s U.S. office and a warehouse facility, hire a U.S. team and lead the development of sales and marketing strategies. The petition was filed with Premium Processing and was approved by USCIS six days later.

Status: The petition was filed with Premium Processing and was approved by USCIS six days later.

 

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

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Category: E-2 Visa, Extension

We successfully assisted a new client in filing an E-2 visa extension. The applicant was a national of a treaty country and was the 100% shareholder of the U.S. enterprise. Through extensive documentation, including contracts, invoices, financial statements, and detailed explanations of the evidence, we were able to show that the U.S. enterprise was a real and operating enterprise, and that the applicant had made a substantial, qualifying investment in the enterprise and put his personal investment at risk. We also provided evidence that the applicant’s investment was sufficient under the regulations,  and not solely for the purpose of earning a living in the U.S. The petition was filed with premium processing and subsequently approved within two weeks.

Status: The petition was filed with premium processing and subsequently approved within two weeks.

 

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

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Category: E-3 Visa, RFE, USCIS

We assisted in responding to an RFE questioning the employer’s educational requirements for an E-3 (Specialty Occupation Workers from Australia) Petition filed for a software developer position. USCIS sought clarification as to how the position could be a specialty occupation where the employer required a minimum of a bachelor’s degree in business, information systems, computer science or equivalent with related experience. More specifically, USCIS suggested that the employer had failed to provide an adequate explanation for how a candidate with a degree in business could qualify. In our response, we explained that the employer’s requirements cannot be read in isolation, and that the totality of the record clearly evidenced that candidates must have specific and relevant experience to perform the position. We provided a comprehensive explanation and considerable evidence, including detailed experience letters, work samples, job postings, and an expert opinion to illustrate that the employer’s requirements were in fact consistent, and that a business degree without the related experience would not be sufficient. The case was approved.

Status: We provided a comprehensive explanation and considerable evidence, including detailed experience letters, work samples, job postings, and an expert opinion to illustrate that the employer’s requirements were in fact consistent, and that a business degree without the related experience would not be sufficient. The case was approved.

 

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

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We assisted a client company, who develops its own software products and provides related consulting services in filing an H-1B petition to employ a software developer. An RFE was issued requesting additional information regarding the employer, and additional documentation to show that the beneficiary was engaged in a valid curricular practical training (CPT) and was maintaining a full course study in a master’s degree program at a U.S. university at the time of filing. The RFE noted that the evidence submitted showed that the beneficiary lived and was doing the CPT several hundred miles from the university. We first provided requested additional information regarding the employer. We then provided further evidence that the master’s degree program offered both online and hybrid courses and did not require students to live within commuting distance of the university, that the CPT was an integral part of the academic program, and that the beneficiary had been in valid F-1 status. We supported the response with ample corroborating evidence, including documentation from both the university and the petitioner regarding beneficiary’s status. The petition was approved shortly after the response was filed.

Status: The petition was approved shortly after the response was filed.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

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Category: Form I-130, RFE

In this case our client retained  us to respond to  a Request for Evidence (RFE) that he had received for the I-130 that was filed on his behalf by his sister. There were two issues identified in the RFE: 1. His birth registration certificate was registered more than two decades after the client’s birth. Service requested we provide the oldest documentation available that would establish a sibling relationship between the petitioner and the beneficiary; and 2. The mother’s name on the birth certificate of the petitioner differed from that in USCIS records so the sibling relationship was questioned. We were able to successfully respond to the RFE by providing numerous documents verifying the record and explaining the underlying law and facts. The petition was approved after our response.

Status: The petition was approved after our response.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

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