Removing H1B obstacles to secure position with nontraditional visa sponsor

Challenge: This was a very difficult H1B visa case. The employer was a nontraditional employer, having never sponsored a visa before, which made it hard to meet the legal standard of a bonafide position. Plus, our client had two very impressive college degrees, neither of which matched the employer’s position. And, to make the case even more challenging, the employer was creating a new position and had not hired at this position before. On top of all this, our client had an H1 visa approved nearly six years ago to the day, which meant we only had a few weeks to file a cap-exempt case.

As expected, the USCIS sent a rather “interesting” and very lengthy RFE.

Solution: Our initial debate focused on whether or not to file this in the regular quota. Due to the uncertainty of the file being accepted in the lottery, we focused on acceptance as being “quota exempt.”

For the job to be considered an H1B position, we needed to establish definition of what the employer needed and clarity regarding the job duties. Since this was a new position for the employer, he did not have a formal “roles and responsibilities” document on file. Our idea was to streamline managerial and financial duties at the employer — which was perfect for our client due to his college degrees and past experiences.

We reviewed the employer’s management structure, financial antecedents, current goals and future objectives. We helped identify the job responsibilities our client was performing while interning for the employer,  that were H1B-worthy. Once the job description was formalized, we analyzed our client ’s college transcripts and work experience to identify specialized knowledge and skills that would satisfy the H1B job requirements. Our client  was interning for the employer at the time, and both the employer and employee knew he could perform the specialized duties – but we also knew the USCIS required concrete proof.

After several brainstorming sessions, we developed legal language that validated what our client already knew: The position required specialized skills and our client satisfied those requirements.

All the hard work paid off when we were able to present our client with a three-year approval from the USCIS.

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