Background
Our client is an H-1B visa holder who received a job offer from a technology consulting and solutions company that focuses on providing cloud computing, data modernization, AI, and digital transformation services.
With a Master’s degree in Computer Applications and 12 months of work experience in the field, our client exceeded the minimum qualifications for the EB-2 Green card. However, before they could hire the beneficiary, the petitioning company required the legal support with an I-140 petition and the PERM Labor Certification, which is filed to prove that there were no qualified U.S. workers who were willing and able to take on the role.
VisaNation Case Strategy
One of the key requirements of the EB-2 Green Card is that you must prove that there are no willing and qualified U.S. workers to take on the role. This required conducting an extensive recruiting process, which VisaNation attorneys supported by posting a detailed advertisement in the Washington Post on the client’s behalf, a widely circulated newspaper. Additionally, we supported the SWA job order process, specifications for posting on a job search website, and listing on the employer website.
Another requirement of the EB-2 Green Card for the subcategory of Advanced Degree Professional is to have a U.S. bachelor’s degree or a foreign equivalent degree. Because our client graduated from a University in India, we guided them through the academic equivalency evaluation process, which involved obtaining a certification from the Trustforce Corporation, a recognized academic equivalency organization.
Lastly, we had to prove that the green card beneficiary had met all of the job requirements listed in the labor certification. To do this, our attorneys supported drafting the support letter from a former employer who attested to the experience held by the client, detailing 8 years of work as a Senior Consultant. The letter also demonstrated the duties performed, such as Azure and AWS cloud architecture, DevOps practices, and infrastructure migration. We also provided W-2s proving he was already performing at the required level and that the company had the “ability to pay” the professional wage.
Verdict
After submitting the I-140, VisaNation attorneys secured the EB-2 approval in just 13 business days, using premium processing to expedite the case. This approval allows our client to remain in the United States and continually renew his H-1B visa until the priority date is current in the visa bulletin. Once current, he and his family will move forward with adjusting status to officially become permanent residents.
