H-1B - Project/Design Manager Civil Engineer
May 05, 2014OUTCOME: Approved
In April 2014, in my capacity as Senior Attorney in Manhattan, I worked on a very challenging case. Client was an Italian furniture store seeking to apply an H-1B visa for a Project/Design Manager with ... Degree in Civil Engineering. This case was very challenging because one of the requirements of H-1B visa is that the proffered position must qualify as a specialty occupation level position. Generally, it is easier to successfully apply for an H-1B for mid-sized or large companies, which can easily establish that a professional position exists. For start-ups and smaller companies, the H-1Bs are little challenging, and more so when H-1B is being filed by an unconventional business (like a furniture store), that generally would not rely on H-1B workers and the operations are too small to justify that an engineer is required to handle certain operations. We argued that the furniture business dealt with high end furniture products, with custom designs for wealthy and hit net worth individuals in Manhattan. We presented some complex and award-winning designs as product samples in support of our argument that Petitioner requires a Civil Engineer to handle the design component. I established that Civil Engineer with relevant background in AutoCAD and Drawing qualifies for the proffered position at the furniture business, and that the position qualifies as a specialty occupation i.e. it requires candidate with a degree specifically in civil engineering to efficiently perform the require job duties. We presented lot of evidence in support of our petition and argued that this type of work can only be performed by someone with a degree in Civil Engineering, Architecture or related field. USCIS accepted our arguments and approved the case.
