Background
Our client was a Chinese national who sought employment in a small e-commerce start-up company that had only been incorporated in 2012.
Despite the legal hurdles that a new start-up often faces, along with the commonly scrutinized role our client possessed, our law firm was able to achieve a rapid H-1B visa approval on behalf of our client.
VisaNation Case Strategy
Due to its status as a new startup, our client’s case faced several complications:
- The company had no prior company tax forms.
- There were no specific salary or employee records.
- The Marketing Research Analyst position is not typically considered a “specialty occupation.”
With no previous tax forms to predict future revenue growth, this was a complex case to process. The USCIS prefers to view documentation of the company’s history and progress over the years. Ultimately, this establishes a company’s financial stability and ability to pay employees at least the prevailing wage. Without financial proof, VisaNation attorneys had to strategize with the employer to provide the most accurate projections possible, which we were then able to present to USCIS.
Additionally, specific salary records are paramount for an H-1B petition, because the USCIS wants to determine if the company qualifies as a liable business entity. Since the company had not previously employed a Business Development Specialist, the USCIS questioned whether the company had made a bona fide offer of employment. There is technically no prior evidence of the company’s ability to pay foreign nationals.
Lastly, a marketing research analyst position is not typically considered a H-1B “specialty occupation”. More common positions that are granted H-1B status include accountants, architects, dietitians, economists, engineers, lawyers, medical technologists, professors, physicians, teachers, and technical professionals.
Verdict
Despite these hurdles, VisaNation lawyers put together a strong H-1B petition, which was approved in under 2 months!
