Success Stories

IMMIGRATION

[H] [H] Contents Curator’s H-1B Transfer Approved 07/16/2019

A leading e-commerce company retained Song Law Firm to sponsor its newly hired employee’s H-1B status. The offered position was a contents curator, which was also a newly created position within the company. After careful review of the offered position and the company’s business as well as the employee’s educational background, we concluded that the offered position is similar to a traditional market research analyst position. However, it has been widely known that USCIS has drastically increased the level of scrutiny and issues more Requests for Evidence (“RFE”) in this occupation. Accordingly, we have prepared thorough job descriptions in detail with supporting evidence including the proof of employment practice for similar positions within the company. After submission, USCIS issued an RFE challenging that the offered position’s complex duties do not appear to be an entry-level position sufficiently supported by the LCA’s level 2 wage classification. In response to the RFE, our experienced immigration attorneys prepared a response with strong legal arguments based on thorough analysis of the RFE and relevant regulations, arguing that none of the considering factors in determining a wage on LCAs is directly related to the complexity of the job duties or finding of a specialty occupation based on the USCIS’s and DOL’s pertinent regulations and guidelines. This case was ultimately approved. Congratulations!