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. :-)
Form I-140 Sample Cases
In a case dating back to 2001, Petitioner eventually moved his office to a location greater than 50 miles from the address of the original office listed on the Form ETA-750. In 2008, USCIS issued an RFE requesting Petitioner to submit evidence showing that the new location is still within the same metropolitan statistical area (SMSA) as the original location. While Government Data and distance may suggest the two locations are not within the same SMSA, we created a new and original argument enabling the Petitioner to obtain I-140 approval.
In recent months Service has issued I-140 RFEs requesting Petitioner to demonstrate ability to pay all immigrant and non-immigrant petitions in specified windows of time. For one client, this entailed analysis of approximately 150 petitions including H-1s (new, transfers, and extensions), L-1s, and I-140s. With detailed explanations of each petition, our firm was able to obtain I-140 approval within one week.
A beneficiary obtained an RFE given that she underwent only seven semesters for her bachelor's degree, one semester short of the four years typically required. Our office was able to succeed with the RFE and her EB-2 I-140 petition was granted within four days time.
A beneficiary had two three-year bachelor degrees from India and consequently his I-140 petition was denied on the grounds that the beneficiary did not have a four-year bachelor's degree. We were retained after the denial. Our firm was successful in appealing and winning in less than one month. Of course, this case had unique facts. We cannot assume that all three-year degree cases will go trough this smoothly.
We were hired to respond to an RFE. Client filed an EB2 I-140, where the PERM Petition required a Bachelor's and 5 years of experience. The client received an RFE in which USCIS argued the Beneficiary's degree, a Bachelor's in Commerce from India, equates to a 3-year degree and cannot be considered for an EB2 case. The Beneficiary possessed a four year Bachelor's Degree, however, this was not clearly established on his Degree. The client obtained his BS in Commerce before India switched to a standard 3-year program for his particular degree. Based on research from our office about Indian degrees and supporting documentation from the client, we obtained I-140 Approval for the client in category EB2.
We were called upon to correct a situation. USCIS sent an RFE stating that the degree and field of study did not match with the labor certification requirements. The I-140 beneficiary had a degree in agricultural science. The employer's requirement in the labor certification was a BS degree in Computer Science, Engineering, and Mathematics.