Immigration.com Sample Cases

We filed a petition premium processing for the beneficiary who qualified based on his original contributions, publication record, featured research work in the media and service as a judge of the works of his research peers. USCIS seems to have accepted the veracity of our claim for outstanding ability without a question.  We were issued a request for evidence asking only for proof of the petitioner’s ability to pay. We supplied the most recent financial report of the petitioner, a letter from the CFO as well as copies of the beneficiaries W2 and most recent pay stubs. The case was approved within a week.

 
We were retained to represent a client whose L-1A was denied because USCIS was not convinced that the job qualified as a “Managerial Level” position for the client’s small restaurant business that had 8-10 employees. The Beneficiary was out of status and has already started accruing unlawful presence. We reviewed the paperwork submitted by the previous attorney and suggested that the client file a Motion to Reopen on the basis of certain defects. We also filed a new L-1A extension petition. We argued very that the size of the business is not the exclusive factor in determining managerial capacity and Beneficiary can qualify for L-1A as a “Functional Manager” even if he is not supervising any employee. Initially we received an RFE, which we responded to empathically, citing several decided cases and regulations and reasoning that the size of business and number of employees supervised are not exclusive factors in determining “managerial capacity.” USCIS accepted our arguments and approved the L-1A petition, but without an I-94.
L-1A without an I-94 would not have put Beneficiary in lawful status. The major challenge we were facing was that this beneficiary could be potentially subject to a bar from reentering USA. We advised the client not to travel abroad and to fight in US for grant of an I-94. We recommended filing another L-1A petition specifically requesting USCIS to approve L-1A with an I-94.  We filed the L-1A amended petition with nunc pro tunc request for amendment of stay. We cited business necessity and implications if Beneficiary is not allowed to reenter. This time USCIS accepted our nunc pro tunc request and issued L-1A with a backdated I-94, excusing the entire unlawful presence and out of status period.

The sponsoring employer was a small company (less than 20 employees) that was sponsoring the brother of the president.  The Labor Certification was audited due to the familial relationship, which is a significant issue in the PERM process. We successfully responded by proving that the relationship between the president and the applicant did not influence or affect the PERM Processing.  The I-140 petition and I-485 petitions were approved, and the applicant received his permanent residency. 

We filed an EB-1, Outstanding Researcher petition premium processing for the beneficiary who qualified based on her extraordinary contributions in applied sciences. Her substantial and highly innovative contributions paved the way for commercial manufacturing of flexible displays by major, well-known display manufacturing companies. The beneficiary’s commercialized research was well documented. She has over eight years of research experience in the nanotechnology field producing a multitude of patents. We also provided documentary evidence of the beneficiary’s research publications in prestigious scientific journals as well as the lengthy citation record of these articles.  What was unusual about this case was that the beneficiary did not have a PhD, which is the norm for many, if not most EB-1 cases.