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Extraordinary Ability - Multinational Executive/Manager (EB1C)


This is great A___!!  Yasmin....many thanks for all your work on this.

I am grateful for your help. (3/13/12)



I received my approval notice (welcome letter) and email that the GC has been mailed via USPS. I should be receiving the physical card in a couple of days.
 
THANKS A LOT to both of you (and everyone else involved) for your patience and help with getting this through. (3/13/12)

 

 

Mr. A___ initially entered the U.S. in L-1A status. Subsequently his status was changed to H-1B status.  Mr. A and his employer approached us to initiate the process of obtaining permanent residence. We realized that Mr. A___ was still functioning as a multinational executive/manager and qualified for EB-1C. We advised the client accordingly and initiated processing of an immigrant petition in the first preference. The USCIS issued a complex RFE challenging the Manager/Executive nature of the position.  Our Office then responded with extensive documentation of the managerial/executive nature of the position. The response to the RFE was in excess of 40 pages and argued Mr. A___’s eligibility for the classification. The petition was approved on March 12, 2012.

 

EB-1A Extraordinary Ability – Tennis Player

That's great news!
Thanks for all the help.

 

We had obtained an O-1 as an outstanding tennis player for this client. He turned pro in 2005. He was selected to play Davis Cup for his Country in 2006. Then, in August of 2011, he began moving up in the rankings eventually being ranked 113 in the World. He was also given a wild card into the 2011 French Open. We pounced on this string of achievements to immediately make a case for EB-1A. When we learned his case had been approved and notified him, he was on his way to Australia to participate in the 2012 Australian Open Qualifying Rounds.

 

EB-1B Outstanding Researcher – Food Science (M.S. in Food Science – No Ph.D.)

This is your client for the EB-1-OR application through _____ Inc. I wanted to inform you that I have received the Green Card. Me and my wife would like to thank you from the bottom of our hearts for successfully managing our case to completion. We are extremely excited about this as it will open up a lot of opportunities for us. Also, wanted to share the news of the birth of our baby boy. He is 4 weeks old now.”

The Client came to us after being rejected for the EB-1B category by a prominent Law Firm that felt that his lack of a Ph.D. was a clear disqualification and he did not qualify for the EB-1 category. We reviewed his resume carefully and after a detailed discussion discovered his background was nothing less than extraordinary. Mr. Shenoy (assumed name) had obtained a Master’s degree in Food Science from the Number #1 ranked university for Food Science in the U.S. While employed with his current employer, Mr. Shenoy had invented a supplement which would allow patients maintain healthy blood glucose, triglyceride and cholesterol levels using a single product at a manageable daily dose. A patent application had been filed, but not granted. Evidentiary documentation of a key collaboration for the research along with the patent application, research methodology showing extensive testing and painstaking research over 24 months, publications (6) and evidence of membership were submitted.

The petition was approved in record time.

EB-1B Outstanding Researcher – Inertial Navigation Systems (Ph.D. in Mechanical Engineering)

The client approached us after being told he only qualified for an EB-2 PERM based Green Card application. His H-1B had been filed as a Mechanical Engineer. He had no patents or significant research publications to show. However, upon reviewing his resume, we found some significant highlights. His employer – a small business in Alabama, was a pioneering research company, providing critical technology to the U.S. Military. This along with the fact that our client had made a significant contribution to recent innovation within the Company made it possible for us to present a compelling case.

The petition was approved in record time.

Sportsperson – O-1 Visa/P-1 Visa

 O-1 Tennis Coach – Change of Status from Player to Coach


I feel very relieved now; thank you so much for all your help.
I really appreciate it.

 

- P. Mahefu, Extraordinary Tennis Coach (June 10, 2011)

 

When he entered the U.S. as a player, P. Mahefu had impressive credentials. As a player, he had been part of his country’s Davis Cup team and was raring to play satellite tournaments in the U.S. After three years of playing the USTA circuit, he evolved into a teaching professional. When it was time to extend his visa, he wanted to know if we thought it would be advisable to change his status to that of a Tennis Coach. We reviewed his paperwork and discovered that he had been engaged to Coach his Country’s Davis Cup team and that he was also currently mentoring and coaching a top junior player on the East Coast. The O-1 Petition was filed with extensive documentation in the form of letters from the home country tennis federation and information about his coaching techniques. Since we used Premium Processing, we obtained an approval within a week.

 

Fiancée – Immediate Relative

 

Fiancée Visa from Romania


"Oana is here! She was granted the fiancée visa. We returned from Romania last week, but have been so busy with wedding arrangements that we forgot to email you. We are getting married in a small civil ceremony on Saturday. Thank you for your help."


- Tom Hayes (assumed name), Fiancée from Bucharest, Romania (May, 2011)

 

Tom and Oana were engaged and planned to get married in October 2010 when things took an unexpected turn. Oana had gone back in September to break the news to her family and plan the October wedding. She had planned to apply for an H-1B visa to re enter the U.S. since she had found employment with a U.S. employer following her Master’s degree at the University of Bridgeport. Unfortunately for her, the employer terminated her employment abruptly. Tom rushed to our Office with the bad news and wanting us to file a fiancée visa for Oana the same week. Working closely with Tom and Oana in Bucharest, our legal team prepared and filed the K Visa petition the same week. Our efforts paid off when we obtained an approval and followed up with the National Visa Center to facilitate the visa interview for Oana at the U.S. Embassy in Bucharest, Romania. Tom’s email above is typical and reflects the sentiments of a satisfied client. We have since filed Oana’s Adjustment Application following her marriage to Tom within 90 days of entry into the United States.

 

International/Foreign Medical Graduate – J-1, H-1B, O-1

 

 

Attending Physician – J-1 Waiver followed by H-1B

 

"Thanks a lot for the update and good news. I am glad to see it (H-1B Approval following J-1 Waiver) come through and should be able to start the assignment next week now. Your team has been outstanding throughout. Thank you!"


- Dr. R. Kaul, M.D. (May 15, 2011)

 

Dr. Kaul came to us after completing her residency and in need of a waiver through the Conrad 30 program. Her employer had never participated in the J-1 Waiver program and had never employed a nonimmigrant in H status. The good doctor was nervous about the process and had no assistance from H.R. The Office immediately went to work with the Department of Health and obtained information about a potential complication. The waiver would only be granted after the Doctor was issued a license by the State. What could have turned into a complicated scenario was carefully handled and the Doctor obtained both the waiver and the H approval in record time. The Office stayed on top of the licensing process in addition to the waiver process to ensure the Doctor was able to start by June 1st. Her relieved email above is proof of the commitment and effort that went into the petition process.

 

H-1B

 

Congrats! Ketan got approved I got an email this morning from the USCIS. Was a little worried without the end client letter, but we also had the confidence that we were in good hands! Thanks for taking care!


Santosh P, CFO IT Consulting Company, Phoenix AZ (May 2011)

 


Documenting ‘Employer-Employee Relationship’ in the H-1B context has become a key requirement for all H-1B filings. The Neufeld Memo on the subject requires that employers document the ‘right to control’ the employee at the client site and in the case of consulting companies requires evidence that is sometimes onerous given the relationship between the sponsoring company and the end client. In this case, the end client had a policy of not releasing any letters and we had to find ways of documenting the relationship effectively to show that the sponsor was indeed a true employer in the H-1B context. The email above speaks for itself.

 

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