Immigration.com Sample Cases

We were recently retained at the I-140 Appeal stage for an I-140 denied on grounds of fraud/willful misrepresentation.  USCIS denied the I-140 citing inconsistencies between the ETA 9089 job requirements, the advertisements, and a subsequent letter sent by petitioner with an RFE pertaining to the job requirements.  Due to what USCIS termed as "material inconsistencies,"  the I-140 was denied on the grounds that the labor certification submitted was gained through fraud or willful misrepresentation of a material fact. Further, USCIS claimed the Petitioner/Beneficiary had no right to an appeal.  We felt that the allegations were very serious and could lead to reprecussions for the company.  A detailed discussion of the the incorrect legal and factual assumptions made by USCIS led to a reversal of the decision and reinstement of the labor certification and approval of the I-140.  This was a good way to start the new year for our clients and us.  :-)

We were recently retained by an employer who had received very poor legal advice and representation from two different lawyers because of which their employee and her children fell out of H-1 status AND were unlawfully present in USA since 2004.  It appeared almost impossible that we will be able to get her back into status after a gap of over FIVE years, but it did work out.  Today, we have received H-1 approval as well as the coveted I-94 for all family members.  Comments from the client are here: http://www.immigration.com/guestbook/h-1-visa/guestbook-entry-bruce-a-trickel-united-states

We have recently won a case following a Request for Evidence for a professor - Ph.D. in Mass Media and Communication.   USCIS requested additional “documentary evidence” to support our claim that the applicant qualified under the EB1 Outstanding Researcher and Professor category based on applicant’s publications, acting as a judge of her peers as well as her original contributions. Based on the international reputation the applicant gained as a result of her involvement in the field of mass media, we were able to provide documentation, which included printouts from various news sources as well as extensive web coverage of her work. We also provided additional letters from editors that unequivocally identified the applicant as one of the eminent scholars in her field. Additionally, we provided evidence of the significance of the publications where the applicant’s work had been featured, that included the impact factor, circulation, ranking and historical data. The case was approved within four days of receipt of the response to the Request for Evidence.

We won an EB-1 Outstanding Researcher case for an applicant with a Ph.D. in Experimental Chemical Physics filing under Premium Processing. The case was decided within two days of submission.  The applicant had over eleven years of research experience and an abundance of publications as a result of his extensive list of original findings. As a result of the multitude of publications in prestigious, international scientific journals, the applicant’s work was also extensively cited. We provided copies of the articles along with the data regarding the significance of the journals, which included printouts from Google Scholar and the ISI master journal list. We provided documentary evidence on each of the journals to show the reputation in the field. We also provided copies of the cited work, highlighting the citations as well as the reference section. As a result of the extensive publication list, we were also able to provide documentary evidence to reflect the significance of his “original” scientific contributions to the field.