Secured an H1B: Lawful Immigration Status Was in Question

CASE STUDIES

The Solution

We had to address these challenges on different fronts. We used our experience and resources to put together well-researched and well-written RFE responses––the key is making sure clear links are made and the language used is accessible and straightforward for USCIS officers. We also provided comprehensive guidance to the client.

With respect to the strict interpretation of the controlling law and statutes, we cited administrative law to clearly establish that the USCIS’s demands, in this case, were arbitrary and unduly strict. To address the 3-year employment request, we partnered with the End Clients and Middle Vendors. We drafted letters for them to review, edit, and/or approve. With these letters, we were able to show that a legitimate and long-term business relationship existed and that the Beneficiary will be able to fulfill the 3-year employment requirement. In addition, to the time requirement, we also had to prove specialty knowledge. The proof was two-fold: (1) we worked with the employer to create a chart clearly showing it routinely hires employees meeting H1B standards; and (2) we worked with the client to adequately align the highly technical job duties with specialized knowledge obtained from academic studies.

We also advised the client to quickly make use of the 10-day grace period to apply for a tourist visa after the initial H1B denial with the plan to file for a change of status to H1B while lawfully in the United States as a tourist. We thoroughly explained to the USCIS the extenuating circumstances.