Sample Cases from our office

We won a case for an applicant following a Request for Evidence. Initially, we had submitted substantial documentation to show that the Petitioner qualified for the classification based on his original contributions, authorship of scholarly articles and judging of his research peers. Based on the evidence submitted, Service noted that sufficient evidence was presented to prove authorship of scholarly articles as well as judging of research peers. We had provided copies of the Petitioner’s publications as well as the significant number of citations. The journals where Petitioner’s work was published had average to high impact factors. Petitioner was a member of an editorial board as well as a reviewer for a multitude of international publications. We submitted documentary evidence of his work as a reviewer which included an invitation to the editorial board as well as copies of the requests to review manuscripts for several prestigious scientific journals. Service issued an RFE requesting additional documentary evidence to show that Petitioner’s research contributions were “original” and of major significance. We provided additional reference letters from leading experts who noted their own use of Petitioner’s inventions. We also provided proof of the application of Petitioner’s invention such as internal memos, letters and emails.

An L-1A visa can be obtained for an international manager or executive who manages other professionals or who manages an important function of the organization (“functional manager”).  Historically, it has been difficult to obtain L-1A for functional managers.  USCIS is more esily convinced where professional employees are being managed.

We had a case for a Sales Manager from India being relocated by his European HQ to work in the USA.  The company is several-thousand employee strong internationally, but has a low head count in the USA.  USCIS sent an RFE that showed they were not convinced that the position was high enough in the hierarchy or managerial enough to be qualified as a manager or an executive under the L-A status.  We responded with detailed explanation and evidence of the importance of the position, and that USCIS had neglected to consider that the position clearly qualified as a functional manager.   USCIS approved the case.

We have received an approval for an O-1 for a pharmaceuticals scientist employed by a small company.  The case was approved without an RFE where we clearly showed the advanced nature of the work and the qualifications of the beneficiary.  The outcome of O-1 visa petitions is always unpredictable, and, as a practical matter, more so where the employer is a very small company.  Despite its size, the company was engaged in highly specialized and advanced level work.  In addition to the beneficiary’s qualifications, the nature of the work was probably decisive in tipping the balance in our favor.

We have received approval of both an L-1A petition and L-1A visa stamping for a managerial employee of a small business from India.  The business in India consists of five employees and is completely different from the business they are starting in the USA.  Normally, small businesses present much difficulty for L-1A approvals – the key issue being why does a small business need an employee at the level of an executive or manager.  Nevertheless, we were able to demonstrate to the satisfaction of both USCIS and the Consulate that this is a genuine business venture.

Intrested business people may want to view the information on this page: http://www.immigration.com/visa/l-visa/l-visa-overview

And these Videos on our YouTube channel: Doing Business in The USA

We were asked to provide a second opinion on a complicated case where the US consulate had denied a green card based upon a finding that the beneficiary/applicant had committed visa fraud where they had earlier misused a visa.  The consulate directed the applicant to file for a waiver (which is quite difficult to obtain).  Note that a finding of fraud is a permanent bar from entering the USA.

When we reviewed the file, it appeared to be quite clear that the finding of fraud was unjustified.  A “misuse” of a visa is not by itself fraud, unless some lies or deception were involved.  So, our recommendation to our clients was to fight the fraud finding, for which we were then retained.  Well, after several  rounds of argument  lasting over a year with the consulate and the Washington, DC office in charge of the consulates, finally, this morning, we have received the approval of the green card.