Immigration Law Associates Assists Professional And Skilled Workers to Immigrate to the U.S.

• The food science and microbiology researchers whose universities weren’t willing to petition them for permanent residence. The National Interest Waiver (NIW) path to permanent residence allows individuals like these to self-petition. However, this path required showing that the U.S. national interest in retaining their services outweighed the national interest in requiring them to obtain labor certification. We were able to demonstrate the relative strength of their accomplishments, exempt them from labor certification, and gain permanent residence status for them.

• Speedy approvals through the PERM system for a diverse group of professionals. These include a Polish carpenter whose petitioning employer, a flooring company, received PERM approval in 7 days. Labor certifications for two Indian computer industry professionals were approved through the PERM system in less than three weeks..

• PERM approvals in connection with jobs that had foreign language requirements. Examples include two Japanese nationals, a laser engineering manager and an accounting clerk. The special language requirement outlined in the job descriptions triggered PERM audits in both these cases. Both withstood the audit, and gained labor certification approvals.

• An H-1B approval for a fashion designer. Fashion design is representative of occupations which are highly skilled, but do not formally require a bachelor’s degree. However, H-1B approval requires that the position require a bachelor’s degree, and that the beneficiary have one. We worked with this client’s job duties and credentials to show she had a bachelor’s in an appropriate field, and the position required it.

• The outstanding researcher in computer science, and had a qualifying job offer from one of the most prestigious academic departments in the nation. However, he lacked the three years of full time post-graduate teaching or research required for the Outstanding Professor / Researcher category. We were able to solve the problem, and gain I-140 approval.

• A Korean national who had obtained a recent doctorate in nursing came to us to obtain an NIW, in order to be able to conduct research and to allow her husband to find employment. Her research record was not extensive and a field of endeavor was not easy to establish for her. We overcame these challenges and a Request for Further Evidence from USCIS to help her meet
  her immigration goals.

• A video installation artist from Korea on an F-1 visa asked us for help changing status. She wished to leave school and concentrate on her career, and to travel frequently to professional activities abroad. A good choice for the purpose was the O-1 nonimmigrant category for “aliens of extraordinary ability.” However the standards for this classification can be difficult to meet for someone just leaving school. We worked with this artist’s credentials and record, and showed to USCIS’ satisfaction that she did indeed qualify under the legal standard.

• A symphony violinist who was a Japanese national wanted a nonimmigrant visa that would allow her and her husband to work. This occupation faces special challenges regarding work visas in the U.S. It can be difficult to find a visa category whose legal requirements accommodate the job requirements of symphony musicians. The situation becomes even more difficult when the musician’s spouse wishes to or does hold employment. Nonetheless, we helped this couple win approval of an immigration case, and achieve their aims.