Computer and IT Professionals Sample Cases from our office

We assisted in the filing of an H-1B petition for a newly established company in the healthcare industry for a computer and information systems manager. We received a request for evidence (RFE), asking for details about the employer and questioning the employee’s qualifications. Oddly, the RFE specifically questioned the credentials of the professor, who had assessed the employee’s educational background and experiential qualifications. Although evidence, such as detailed experience letters, could not be obtained due to a lapse in time, we were able to procure updated letters from the university attesting to the professor-evalutor’s credentials, and a new evaluation. Our detailed response, describing the additional evidence and context led to the case being approved.

Status: Our detailed response, describing the additional evidence and context led to the case being approved.

We won a case following a Request for Evidence that requested additional proof of the relationship between the entities, verification of employment abroad in a managerial role for one continuous year prior to entering the US, as well as additional details of the proposed managerial position in the U.S. Initially we submitted documentation to establish the relationship between the U.S. and foreign entity that included a share certificate, an organizational chart to show the relationship and owner interest as well as a Master Services Agreement that outlined the working relationship between the two entities. In response to the RFE, we submitted the Articles of Incorporation which indicated the share owner interest as well as the stock transfer ledger. In response to Service’s question regarding employment abroad for one full year, we re-submitted the pay vouchers for the full year as well as a letter from a representative from the foreign entity confirming the beneficiary’s employment for the relevant period of time.  We addressed the question regarding the managerial role in the U.S. by supplying the full names, job titles, job duties description, educational level and salary amount for each subordinate as well as a detailed organizational chart showing the hierarchy, a very detailed job duties chart outlining each managerial task and the percentage of time allotted to each task as well as a day-to-day breakdown of a typical day for the beneficiary in his role as a Computer and Information System Manager.

We represented an IT consulting company and a Senior Software Engineer employed by them from the point forward where they received an RFE.  USCIS issued a Request for Evidence (RFE) questioning accreditation of the Indian universities where the applicant received his degrees.   We researched the universities in question and documented that both are highly regarded and world renowned institutions. Additionally, we received an expert opinion that noted that both universities were accredited at the time the applicant received his degrees. In our response, we pointed out that there is more than one relevant accreditation body in India and both universities in question were and are recognized by the Indian government. The case was approved in about two weeks. 

We have received a series of reversals and remands from the USCIS appeals office (“AAO”) where we had argued that the USCIS had erroneously and illegally revoked approved I-140 petitions.  The grounds of appeal in the cases involved:

Failure to prove qualifications of employee because the documentation of experience was insufficient;

Successorship-in-interest of companies, where one company was acquired by another;

Legality of “roving jobs,” consulting positions that require periodic relocation.

The revocation of the I-140s have been reversed and USCIS has been asked to revisit their decision.  We are by no means out of the woods yet, but at least we are vindicated in our understanding that these decisions were against law and policy.

USDOL had denied a series of cases for many employers represented by various law firms. The ground of denial was that when "engineering" was one of the acceptable majors for an IT job, that created too much ambiguity for a case to be approved. DOL stated that there are fields of engineering, such as Agricultural Engineering, which are clearly inapplicable to IT positions.

This ruling had become a nation wide issue. 

We filed an MTR pointing out the defects, legal and factual, in the ruling. We also indicated our willingness to litigate this highly unfair ruling in federal courts.  DOL has, most appropriately, reversed their decision.