Areas of Expertise:
Business Immigration: H-1B, TN, L-1, Green Card (PERM, I-140, I-485), and E-1/E-2 Investor Visa.
Family Immigration: Green Card (I-130/I-485/Consular Processing) for Spouse, Child, Parent, or Sibling.
Specialty: Consultant H-1Bs
USCIS is putting pressure on consulting and staffing companies, but approvals are still possible with a skilled, experienced attorney. Attorney Eren Yildirim handles H-1Bs and H-1B RFE responses for IT consulting companies every single day, so he understands the issues and can provide solutions to your complex problems.
YLF can assist you with the following and more:
RIGHT TO CONTROL/EMPLOYER-EMPLOYEE
Lack of evidence to show that the petitioner and beneficiary have a valid employer-employee relationship, including right to control when, where, and how the beneficiary performs the job.
AVAILABILITY OF WORK
Evidence does not show that work is available for the entire requested validity period, often due to a short-term work order or statement of work.
Missing or INCOMPLETE DOCUMENTATION
Missing documents, such as the lack of a client letter or contract, or incomplete documents, such as a short client letter.
SPECIALTY OCCUPATION (POSITION)
Lack of evidence that the position is a specialty occupation due to a job description that doesn’t show the complex and specialized nature of the position.
MAINTENANCE OF STATUS
Concerns with paystubs, home addresses, OPT (such as off-site employment), CPT (such as overuse of practical training), grace periods, visa overstay (expired I-94), etc.
The beneficiary has obtained an H-1B petition approval from USCIS, but is unable to obtain a visa from the U.S. Consulate, often due to the lack of end-client or end-user documentation.
SPECIALTY OCCUPATION (REQUIREMENTS)
USCIS assertion that Defensor v. Meissner is applicable and thus the end-client’s education requirement is necessary for the specialty occupation analysis.
Specialty occupation (4 criteria)
Request for a full specialty occupation analysis to show that the position meets at least one of the four criteria.
Unsuccessful transfer, extension, or amendment requiring refiling due to denial, especially where beneficiary’s I-94 has expired.