H-1B Visa

Joe Smith recently graduated with a Master of Science in Management from a local university. Unfortunately, after searching for management positions throughout the United States, Mr. Smith could not find an employer to sponsor an H-1B Petition on his behalf for a management position. The only H-1B sponsor Mr. Smith could find was a new, small local company he had interned for while still a student. Both the owner of this new, small local company and Mr. Smith sought the advice and counsel of the Immigration Attorneys at MT Law to see if the Attorneys thought an H-1B Petition sponsored by the new and small company could be approved. MT Law’s Immigration Attorneys saw several potential issues with this H-1B Petition: 1. The sponsoring employer was a new and small company which was still developing its business plan and business operation and had a limited amount of capital; 2. The sponsoring employer could not afford to pay the prevailing wage required by the Department of Labor for management positions to Mr. Smith so the employment position would have to be a non-management position; 3. Mr. Smith’s degree and experience, what must relate to the employment position in H-1B Petitions, was in management. MT Law’s Immigration Attorneys took the time to meet with both owner and Mr. Smith to discuss options, reviewing all of Mr. Smith’s academic transcripts to think of non-management positions for which he was qualified, which related to his management degree and which met the legal standards of H-1B employment. Finally, MT Law’s Immigration Attorney shared how they could present the case to USCIS to show why Mr. Smith was eligible for an H-1B Visa. The owner and Mr. Smith agreed. Even though this complicated H-1B Petition received a Request for Evidence from USCIS, MT Law’s Immigration Attorneys took the time to develop a strong response to USCIS and the H-1B Petition was quickly approved after MT Law submitted the response to the Request for Evidence. Mr. Smith is now able to remain and work in the United States with an H-1B Visa.