A short while ago, a prominent information technology company entered our offices with the goal of sponsoring an individual for an H-1B visa. The company had an opening for a high-ranking manager and felt that she was the right fit.
There was only one problem: she had a degree in a different field
To qualify for an H-1B visa, individuals must be able to prove that their educational background matches the job field that they would be performing in the U.S. This individual, however, had a bachelor’s degree in biological sciences with a minor in economics as well as a master’s degree in food science. Not exactly managerial material.
However, knowing that the entire process would be an uphill battle, our attorneys accepted the challenge.
We began by interviewing the individual to learn about the experience she had that would make her an asset to this company. Knowing that the USCIS would most likely investigate the situation further, we filed the petition while highlighting the individual’s relevant work experience.
Sure enough, the USCIS came back with a Request For Evidence (RFE).
Not just any RFE. It included extensive questioning about the specialty nature of the occupation and the individual’s qualifications for the position. It seemed clear the USCIS did not see the IT manager position as a specialty occupation. It also did not view the individual’s educational background as sufficient to receive an H-1B visa for a field that was so different from IT.
Expert evaluators considered an RFE this lengthy and comprehensive to be “nightmares” or “kitchen sink” RFEs. There just didn’t seem to be a way around this obstacle. The case was seen by many as impossible.
After being turned away by countless expert evaluators and agencies, we decided to buckle down and give this case everything we had.
Another H-1B Success Story
“Buckling down” meant sitting with the individual extensively to comb through her work and immigration history. There we found extremely helpful aspects of the individual’s background that allowed us to address the issues brought up in the RFE and to build a strong case for her qualifications.
We also worked closely with the petitioning IT company to find aspects of the managerial position that we could highlight and prove that it qualified as a specialty position. After several days of work, the company filed a robust RFE response.
Then, all we could do was wait.
Only a few short days after the USCIS received our response, the case was approved! The individual applied for her visa and entered the United States as an H-1B nonimmigrant despite having a degree in a different field.
At the end of the day, we are very pleased to say that we were able to help an individual obtain an H-1B visa even though her educational background was unrelated to the position.
Here at SGM Law Group, we understand that immigration law is intricate and takes years to understand. When it comes to visa issuance or transfer, all cases are different. That’s why it is always best to have qualified attorneys that specialize in your immigration area to help you overcome even the “nightmare” issues.
SGM Law Group does not disclose the identities of any clients or individuals involved in its cases. We also do not disclose the details of case specifics in the interest of client privacy. It is important to note that because each immigration case is unique, previous success does not ensure future success.