Success Stories

IMMIGRATION

[H] Architect Designer’s H-1B approved after our successful response to the Wage Level RFE 01/09/2018

The client is an architect designer who has been working for the petitioner company since 2015 under OPT and CPT programs. The client retained our firm in early 2017 to apply for her H-1B status for the second time after she did not win the lottery in FY 2016. After submission, however, we received the USCIS’s RFE (Request for Evidence), questioning whether the Level I Wage on the Labor Condition Application (“LCA”) is appropriate for the offered position given her long work period in the company as well as the complex job duties. In response to the RFE, our experienced immigration team prepared evidence including the employer’s supplemental letter, detailed job descriptions of the offered position and structure chart, showing the level of judgment, direct supervisors, and amount/level of supervision required to perform each duty, as well as the nature of the standard duties in the industry. In addition, we also submitted our full legal analysis to argue that the USCIS’ assertion of correlating a wage level with the complexity of a job duty is inappropriate and misplaced because it improperly assumes that an entry level wage does not support the finding of a specialty occupation as a matter of law and policy. This case was approved!

 

With our track record of success and with continuous knowledge building and relevant up-to-date information on the latest trending issues to overcome them, Song Law Firm’s dynamic Immigration Team can confidently boast that we possess the necessary strategies and experiences to successfully quash the new challenges in H-1B cases.