Background
The H-1B visa requires the theoretical and practical application of highly specialized knowledge and a higher degree within the specified field. Our team needed to demonstrate that our client fit the criteria and that her proposed position would meet the requirements set forth by USCIS guidelines.
VisaNation Case Strategy
As a part-time graphic designer, our client was seeking a role in one of the largest AI libraries for biology. She was from Brazil and was already here in the U.S. on an H-1B visa. She was looking to change employers. Even though she was still in status for a couple more years, she still needed to go through the process of changing her employer, which would involve her new employer submitting a new H-1B petition.
Her new company combined artificial intelligence with biology, providing scientists and researchers with access to an array of information. To shape the brand’s identity, the company needed a graphic designer. Our client would be in charge of rebranding, product design, website design, collaboration and communication, producing quality assurance, and staying up to date with design trends. She would report directly to the CEO, hence her position would be under the control of the petitioner.
In order to classify for a specialty occupation, our client had a Master’s Degree in Graphic Design and Digital Media, and her duties required specialized knowledge in order to assist with the position. USCIS has claimed that if a job’s duties are so complex that theory, knowledge, and skill normally gained by attainment of a higher degree in certain occupational specialties, then the position would be a profession. Pursuant to all the specifications, our client was more than qualified for this petition, and we proceeded with putting together a package that included:
- The company’s registration documents
- Tax Reports
- Job abs from similar jobs proving the educational requirements
- Client’s previous visa approvals
- Client’s biographical information
Verdict
Within less than 2 weeks, our client’s H-1B petition was approved! This just makes up one of the thousands of successful H-1B cases we’ve handled throughout the years.
