EB2 Green Card Sample Cases from our office

We assisted a client company in filing an EB-2-based PERM. The submitted ETA Form 9089 was selected for an audit by DOL. They requested evidence/explanation as to why only the specified combination of a higher degree and significant years of experience were required, beyond the normal requirements defined by O*Net, a source of occupational data often cited by the government. Our response included a significant amount of documentation and an extensive and detailed support letter presenting the case and context as to why the specifics of this particular employer’s product and the beneficiary’s role required a relatively high and indispensable level of both education and experience. The ETA 9089 was then certified.

Status: Our response included a significant amount of documentation and an extensive and detailed support letter presenting the case and context as to why the specifics of this particular employer’s product and the beneficiary’s role required a relatively high and indispensable level of both education and experience. The ETA 9089 was then certified. 

Our client received a request for evidence, questioning its ability to pay all beneficiaries it petitioned for. We reviewed the company’s tax returns and other relevant financials, and demonstrated to USCIS that the unique totality of circumstances of this particular employer warranted approval. We furnished evidence, including information about the company’s background, its activities and ongoing contracts, and commentary, analyzing the entity’s cash flow metrics, in support. The case was approved after three months.  

How does one prove that five years’ experience gained while working for one employer, with one job title is progressively responsible in nature? 

That issue was key in a recent EB-2, I-140 petition. USCIS issued a Request For Evidence (RFE) alleging that although the employee had the requisite experience, he had failed to establish that his experience had grown progressively responsible after receipt of his Bachelor’s degree.

Note that a requirement of EB-2 category is that the foreign worker must possess a Bachelor’s degree and 5 years of progressively responsible, post-bachelor’s experience.  So, unless we are able to prove that the experience is “progressively responsible,” we would lose our EB-2 case.  The complication here was that all five years of experience were with same employer and the same job title.  It took considerable investigation and understanding of the IT field, but we could see that the experience was indeed progressive.  Accordingly, we responded with a significant amount of evidence, including employment letters, affidavits, and pay stubs. We also presented several cases and legal arguments that backed our position.

The petition was approved in less than two weeks.

We represented a consulting company and their employee, a Senior Quality Assurance Analyst.  USDOL had denied PERM certification after an audit holding that we had failed to submit tear sheets from our Sunday advertisements.  We filed the appropriate motion establishing that it was highly likely, if not certain, that the tear sheets were in fact submitted.  We provided evidence from our files, affidavits, and proof of our firm’s normal business practice.The case was approved in less than three weeks.

We represented a technology consulting services corporation and a Senior Programmer Analyst employed by the firm. We submitted electronically the applicant’s labor certification (PERM) to the USDOL.  They denied certification without a request for explanation or audit.  The USDOL denial alleged that the employer was required to show on the ETA 9089 (the PERM form) what methodology was used for the foreign degree evaluation.  We responded with appropriatemotion showing that this was clearly government error and a violation of due process.  The forms provide no way of stating this information.  We further presented several legal arguments and cases in support of our clearly justified position. Unfortunately, there is no way to spare anguish and uncertainty inflicted upon our clients, but USDOL did recognize the error and moved to correct it.

The case was approved within four weeks.