Business Immigration Recent Successes

Recent Successes of the Firm's Immigration Law Group

While we take the time to list some of our most recent successes, the scope of our firm's Immigration Law practice is by no means limited to the issues set forth herein.

While we will always endeavor to represent the best interests of all of our clients (including a rapid turn-around time in preparing and finalizing applications), past processing times with USCIS (or DOL, where applicable) may not necessarily provide an accurate indicator of future processing times for same or similar applications.

Temporary Work Visas:

H-1B specialty workers

Successful H-1B Petition Approved for a Foreign Legal Consultant:

Our firm was successful in obtaining an H-1B classification for a Law Clerk with a major New York City law firm. The Beneficiary possessed a law degree from abroad. His proposed duties included using his expertise in foreign business and commercial transactions to assist the firm's U.S. lawyers with international M&A issues arising in the information technology, internet, new media and telecommunications industries. In this case, our immigration attorneys were able to demonstrate that the Law Clerk position required an individual with a law degree from an accredited university in the United States, and that the Beneficiary had a foreign degree equivalent of same.

Successful H-1B Petition Approved for Part-Time Special Needs Gymnastics Instructor:

Our firm was successful in obtaining an H-1B classification for a Special Needs Gymnastics Instructor with a premier New Jersey-based gymnastics academy that provides coaching for world class competitors as well as a full range of gymnastics classes for the general public - including children with special needs such as autism and Down syndrome. In response to an RFE, our immigration attorneys were able to successfully demonstrate that the proffered position of a Special Needs Gymnastics Instructor required an individual with at least a Bachelor's Degree in Physical Education with a specialization in special needs physical education.

Successful H-1B Petition Approved for Automotive Field Service Representative Position For Which The Employer Did Not Normally Require A Bachelor's Degree or its Equivalent As A Minimum Entry Requirement for the Position:

Our firm was successful in obtaining an H-1B classification for a Field Service Representative responsible for repairing, maintaining and supporting automotive inspection equipment. Since the employer could not attest that a bachelor's degree or its equivalent was normally the minimum entry requirement for the position, our immigration attorneys were able to convince the Service that the nature of the specific duties were so specialized and complex that the knowledge required to perform the duties was usually associated with the attainment of a bachelor or higher degree"

Successful Motion for Reconsideration Reversed Denial of Extension of Stay Requested by H-1B Petitioner:

Beneficiary's former employer withdrew pending H-1B extension petition contemporaneously with or after the client's Form I-129 was filed and pending. As such, the Service denied the new employer's request for Beneficiary's extension of stay (although approving the H-1B classification portion of the petition), claiming there was a gap in the beneficiary's authorized stay in the United States. Since the applicable USCIS guidance clearly provides that an alien is permitted to port under INA 214(n) to another H-1B employer even after the alien's I-94, or last approved petition, has expired, our immigration attorneys were able to convince the Service that its decision to deny the Beneficiary's extension of stay was erroneous, since we were able to demonstrate that she remained in a period of stay authorized by the Attorney General at all times relevant thereto on the basis of a pending I-485 application.

TN-1 professionals

Successful TN-1 Petition Approved For A Chemical Technician Under The NAFTA Category Of Scientific Technician/Technologist:

Our firm was successful in obtaining a TN-1 Non-Immigrant Visa Classification for an offshore chemical technician under the NAFTA category of Scientific Technician / Technologist. The Beneficiary possessed a two year diploma in Chemical Technology. His proposed duties included the implementation and analysis of laboratory safety standards and procedures such as ASTM, UOP, and IP; assisting senior laboratory personnel in calibrating and operating laboratory equipment and performing basic analytical tests in the laboratory. In this case, our immigration attorneys were able to demonstrate that the Chemical Technician position met the requirements of the Scientific Technician/Technologist category under NAFTA.

Successful TN-1 Petition Approved For A Computer Engineering Technician Under The NAFTA Category Of Scientific Technician/Technologist:

Our firm was successful in obtaining a TN-1 Non-Immigrant Visa Classification for a computer engineering technician under the NAFTA category of Scientific Technician / Technologist. The Beneficiary had a two year certificate in Computer Engineering. His proposed duties included ensuring accurate equipment calibrations and checks are in compliance with Standard Safety and Operating Procedures; conducting product testing while adhering to ASTM standards; and assisting senior laboratory personnel in calibrating and operating laboratory equipment and performing basic analytical tests in the laboratory. In this case, our immigration attorneys were successful in demonstrating that the Computer Engineering Technician position met the requirements of the Scientific Technician/Technologist category under NAFTA.

Successful TN-1 Petition Approved For An Agricultural Compliance Technician Under The NAFTA Category Of Scientific Technician / Technologist:

Our firm was successful in obtaining a TN-1 Non-Immigrant Visa Classification for an Agricultural Compliance Technician under the NAFTA category of Scientific Technician / Technologist. The Beneficiary possessed a Bachelor of Science in Agriculture. His proposed duties included conducting third-party, internal regulatory audits of feed mills by way of field visits to the facilities. During such field visits, the Beneficiary was responsible for interviewing all levels of feed mill facility employees (from mill workers up to top level management) and reviewing and examining physical records in order to assess compliance with internal company requirements and applicable state and federal regulations and permits. In this case, our immigration attorneys were able to demonstrate that the Chemical Technician position met the requirements of the Scientific Technician/Technologist category under NAFTA.

Successful TN-1 Petition Approved For A Construction Manager Under The NAFTA Category Of Management Consultant:

Our firm was successful in obtaining a TN-1 Non-Immigrant Visa Classification for a Construction Manager under the NAFTA category of Management Consultant. The Beneficiary possessed a Bachelor of Technology in Construction Management. His proposed duties, pursuant to a consulting agreement, included reviewing project budgets, construction documents, and project schedules to provide feedback and analysis relating to value engineering opportunities and/or improving overall cost effectiveness; review change orders, contingencies, qualifications, and allowances for accuracy and conformance to contract requirements; and reviewing existing warranty process and protocol, and providing feedback and analysis relating to procedural improvements. In this case, our immigration attorneys were able to demonstrate that the Construction Manager position met the requirements of the Management Consultant category under NAFTA.

Successful TN-1 Petition Approved For A Real Estate Brokerage Consultant Under The NAFTA Category Of Management Consultant:

Our firm was successful in obtaining a TN-1 Non-Immigrant Visa Classification for a Real Estate Brokerage Consultant under the NAFTA category of Management Consultant. The Beneficiary possessed a Bachelor of Business Administration. Her proposed duties, included consulting with senior management with the goal to develop programs to grow revenue and profitability in the areas of agent recruiting and retention, and agent coaching and field training.

In this case, our immigration attorneys were able to demonstrate that the Real Estate Brokerage Consultant position met the requirements of the Management Consultant category under NAFTA.

L-1A and L-1B intracompany transferees

Successful Change Of Status Petition From An L-1B Specialized Knowledge Computer Professional To That Of An L-1A Functional Manager:

Our firm was successful in obtaining an approval of a change the status petition of a Computer/IT Professional from his previous L-1B nonimmigrant status as an intra-company transferee with specialized knowledge to an L-1A nonimmigrant status as a Manager. With this particular petition, our immigration attorneys were able to demonstrate notwithstanding that the foreign national did not have any direct reports; he had a functional managerial responsibility in the U.S. Once the change of status to the L-1A classification was approved, the foreign national (as a Manager) became eligible for the maximum stay of seven (7) years. Additionally, he became eligible for the first employment-based immigration preference (EB-1) category for seeking permanent residence in the United States. As such, in addition to the personal benefit to the foreign national for having visa numbers readily available, the employer also benefited because the EB-1 category skips the PERM process altogether - there is no need to test the U.S. labor market for individuals who qualify for the EB-1 category. As such, the employer was not required to expend the time and financial resources on the recruitment process required for a PERM application. Following the recent approval of the L-1A petition, our firm is currently in the process of filing an Immigrant Visa Petition (Form I-140) and an Application for an Adjustment of Status (Form I-485) concurrently for this particular foreign national.

U.S. Permanent Residence Approved for a Manager, Intra-company Transferee:

Our firm successfully secured an approved Immigrant Visa Petition (Form I-140) for a Beneficiary as a multi-national manager within 45 days from the date of filing. Applications for Adjustment of Status (Forms I-485) for the Beneficiary and his family members, which were concurrently filed with the Immigrant Visa Petition, were approved simultaneously.

E-1 and E-2 treaty traders and investors

E-2 Investor Visa Approved For Construction Company

The E-2 treaty investor visa allows foreign nationals to invest a substantial amount of capital in a bona fide enterprise in the U.S. and enter the U.S. to develop and direct that investment. By demonstrating that the initial capital investment made by the client was, indeed, substantial, as it was comprised of a combination of cash that was infused into the corporation, together with equipment and other assets originally contributed to the corporation by the Beneficiary, as well as additional paid-in-capital over a period of two (2) years, our immigration attorneys were able to convince the U.S. Consulate that it was a qualifying investment certainly worthy of the issuance of an E-2 visa.

Successful Retroactive Approval of an E-2 Derivative Spouse's Extension of Stay, By Way Of Expedited Processing Due To Service Error:

Our firm was successful in obtaining an approval, nunc pro tunc, of an application for an Extension of Stay (Form I-539), on an expedited basis due to Service error. Our immigration attorneys were able to convince the Service to exercise its discretion and retroactively grant an extension of stay to a derivative spouse of a principal alien (in valid E-2 status) to properly coincide with that of her spouse's period of authorized stay. The application was granted in less than 20 days from the date of filing as the Service concurred that the application met one of the eight criteria warranting expedited processing. Had our firm been unsuccessful with soliciting a retroactive approval of the derivative spouse's period of authorized stay, the derivative spouse would have continued to accrue "unlawful presence" which, in this particular case, would have subjected her to the three year bar to reenter the United States under INA 212(a)(9)(B)(i)(I).

Permanent Residence:

EB-1 Priority Workers

U.S. Permanent Residence Approved Based upon Extraordinary Ability:v

Our firm was successful in obtaining an approved Immigrant Visa Petition (Form I-140) based on extraordinary ability. The client was an accomplished, highly creative and multi-talented Professional Artist/Performer/Ballerina of exceptional ability in various faculties of the theater with in-depth knowledge of classical ballet, jazz and contemporary dance. Our immigration attorneys were able to show that the Beneficiary performed in numerous ballet and theatrical performances, musicals, films, movies, television productions and galas, with international and national recognition for being one of the top in the field of performing/theatrical arts of classical and contemporary ballet.

U.S. Permanent Residence Approved Based upon Extraordinary Ability:

Our firm was successful in obtaining an approved Immigrant Visa Petition (Form I-140) based on extraordinary ability. The client was a highly creative and experienced composer and performer with in-depth knowledge of Edo (ancient Benin Kingdom) history and culture. She was the founder of an award-winning Nigerian Theatre Troupe, a radio and television actress, producer and newscaster -- with national and international recognition for being one of the top in the field of theatrical production and performance of Edo culture.

U.S. Permanent Residence Approved Based upon Extraordinary Ability:

Our firm was successful in obtaining an approved Immigrant Visa Petition (Form I-140) for an alien with extraordinary ability in the arts who was a member of the Assembly of the Tibetan People's Deputies in Exile. The waiver was based upon his international acclaim in the field of Tibetan Poetry and Literature.

National Interest Waiver

U.S. Permanent Residence Approved Based upon a National Interest Waiver:

Our firm was successful in obtaining a National Interest Waiver for the Medical Director of Oncology of a major pharmaceutical company for his works in the field of cancer research and prevention.

I-140 Ability To Pay: Reversal of Denial

Successful I-140 Immigrant Petition (Without Issuance Of An RFE) Approved on behalf of Alien Worker Of A Closely Held Restaurant, Operating At A Loss, Which Could Not, On The Face Of Its Prepared Financials, Demonstrate The Ability To Pay The Proffered Wage:

Our firm was successful in obtaining an I-140 Immigrant Visa Petition approval (without the issuance of an RFE) within 2 months of filing where the Petitioner had no demonstrative documentary evidence of the ability to pay the proffered wage during one of the years in question, as required by 8 C.F.R. 204.5(g)(2). Notwithstanding, our immigration attorneys were able to demonstrate that the Petitioner had the ability to pay based upon a combination of the Petitioner's reported net income and the net income of a 50% shareholder of the Petitioner (a Subchapter S corporation), without regard to any wage paid to the Beneficiary. Relying upon the general principles for demonstrating the ability to pay for owners of sole proprietorships and general/limited partnerships, our immigration attorneys were able to persuade the Texas Service Center to extend those principles to a shareholder of a Subchapter S Corporation notwithstanding the Service's Standard Operating Procedures Manual which requires otherwise.

Successful Response To An RFE On Petitioner's Ability To Pay In Connection With An I-140 Immigrant Petition Approved for Alien Worker:

In response to an RFE, our firm successfully demonstrated that the Petitioner had the ability to pay the proffered wage for the years at issue based upon a hybrid test under a policy memorandum which combined the W-2 wages paid to the Beneficiary and the current assets of the Petitioner.

Successful Motion Reversed Denial of I-140 Immigrant Petition for Alien Worker (Ability to Pay):

Our firm was successful in obtaining an approved 1-140 Immigrant Petition (for a skilled worker position -- Supervisor of Food Service Personnel) with ability to pay issues. The firm received a favorable decision (within 30 days of filing w/ USCIS) of a Motion to Reopen and Reconsider the denial of our client' s I-140 Immigrant Petition. In support of the motion, the firm was able to demonstrate and document ability to pay the proffered wage based on a compelling legal application of equitable standard for demonstrating the ability to pay as originally set forth in The Matter of Sonegawa, 12 I&N Dec 612 (AAO 1967). Sonegawa, which remains the principal AAO precedent decision on the issue of ability to pay, stands for the proposition that where a petitioner's recent financial performance has been poor, if the petitioner can show it has (1) a historical track record of profitability, (2) cash on hand sufficient to pay the wage, and (3) a reasonable expectation of increasing profits in the future, then such petitioner has demonstrated the ability to pay.

Successful Motion Reversed Denial of I-140 Immigrant Petition/Form I-485 Application For Adjustment of Status for Alien Worker (Ability to Pay):

Our firm successfully reversed (within 2 months of filing) a denial of a Form I-140 Petition/I-485 Adjustment of Status Application filed concurrently on behalf of a foreign specialty cook. In this particular matter, the Petitioner's ability to pay was at issue for a period of three years. Our immigration attorneys successfully demonstrated the Petitioner's ability to pay the proffered wage for all years in question by persuading the Service that it was bound by legal precedent to consider factors other than the W-2 wages paid to the Beneficiary, including, in this particular case, rent payments that were made by the Petitioner on behalf of the Beneficiary as part of the Beneficiary's overall compensation package. In support thereof, the Petitioner produced documentary evidence to prove a history of such rental payments including copies of the applicable rental agreements and rental amounts paid by the Petitioner by way of producing, inter alia, cancelled checks.

I-140 Withdrawal Reversed

Successful Motion Reversed USCIS' Denial of Beneficiary's Form I-485 Adjustment Of Status Application:

Our firm was successful in reversing USCIS' decision to deny Beneficiary's Form I-485 Application for Adjustment of Status where the Beneficiary's approved Form I-140 was withdrawn by the employer after the Beneficiary had left the company. Our immigration attorneys were able to persuade the Service that such denial was erroneous because the withdrawal of the Beneficiary's Form I-140 occurred after it had been approved and after her Form I-485 had been pending for more than 180 days. As such, our attorneys persuaded the Service that the approved I-140 remained valid under the provisions of 106(c) of AC-21 (and that the employee was permitted to port) regardless of her former employer's withdrawal of the approved Form I-140.

Deportation/Residency

Successful Motion to Reopen:

Our firm was successful in obtaining permanent residency in removal proceedings for a woman who had been ordered deported in her absence 17 years prior. She had been physically abused by her husband (a U.S. citizen) and then widowed when he later committed suicide in a drug rehabilitation facility. The government opposed our firm's motion seeking to reopen the case regarding the client's deportation order even though it was established on the record that the client was, indeed, a battered spouse of a United States Citizen. Over the government's objection, an Immigration Judge reopened the case and the client was subsequently granted permanent residency.