H Visa Sample Cases from our office

We assisted an employer in successfully responding to a Request for Evidence (RFE) received subsequent to the filing of an H-1B (specialty occupation worker) extension petition. The RFE requested additional information regarding the employer and the beneficiary’s qualifications. More specifically, the RFE questioned the evidentiary value of an education evaluation that was provided with the petition, requesting additional evidence regarding the qualifications of the college official who authored the evaluation. The RFE also requested additional evidence that the beneficiary had progressively responsible experience and recognition of expertise through progressively responsible positions. We responded with additional information about the employer, and appropriately rebutted USCIS conclusions about the evaluation.  Over anticipated objections, we showed how the evaluation examined and evaluated existing qualifications of the beneficiary, and was NOT new information. The case was approved.

Status: Over anticipated objections, we showed how the evaluation examined and evaluated existing qualifications of the beneficiary, and was NOT new information. The case was approved. 

 As of May 2009, we have been involved with over 100 investigations from USDOL, ICE, USDOJ, DOS and FBI.  One theme that emerges quite clearly is this.  A governmental investigation is NOT the same thing as a normal litigation.  The investigators are all things rolled into one: police, prosecutor and judge.  I have seen so many investigations being mishandled because counsel failed to recognize this truth.  By the time we get called in, it gets difficult to mop up the mess.  I like to believe that all investigations that we have handled from the beginning have brought good results.  While the government has a lot of power, they are not omnipotent.  Some items have to be firmly and politely declined.  And of course, where necessary, we are willing to go to court over our stand.  Folks, investigations have become a way of life.  We just have to be prepared for them.  When we conduct preventative audits for clients, we point out the things in their files that need to be addressed and improved.  In my view, it is extremely important that audits of existing files and procedures be conducted.