Attorney Shirin Natalie James's Legal Cases

Immigration

I-130 Motion to Reopen Success

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OUTCOME: Motion to Reopen and I-130 approved

A pro-se client filed an I-130 petition behalf of her sister who resided in India. Immigration had sent the client a request for evidence (RFE) asking for her sister’s birth certificate and an English- ... language translation. The client thought the English translation was an official birth certificate because it was on government letterhead however it was simply a translation. CIS denied the case and at that point, the client retained our office. We filed a motion to reopen requesting USCIS to reopen the case and submitted the foreign language birth certificate to satisfy the request for evidence. The motion to reopen along with the I-130 petition was approved and the sister retained her initial priority date. If the client had to start all over, then at least three years or more would be added to the time that the sister had to wait for an immigrant visa.

Immigration

PERM Motion for Reconsideration Approved

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OUTCOME: PERM application was approved

Our client, a pharmacy, submitted a PERM application (Form ETA 9089) on behalf of one of their pharmacists. Unfortunately, the U.S. Department of Labor denied the application. In the denial, DOL claime ... d that after thorough research, the Bachelor of Pharmacy degree is the basic requirement to practice as a pharmacist in many countries but in the U.S., the Doctor of Pharmacy is the only degree that pharmacists possessed. Our office filed a motion for reconsideration arguing that USDOL “thorough research” in the denial was a direct quote from Wikipedia. A website that USDOL and USCIS have advised as being an unreliable source. Our office submitted substantial evidence that the bachelor of pharmacy degree had been an accepted degree in the U.S. prior to 200. In addition, a substantial number of pharmacists working in the U.S. that possessed a Bachelor of Pharmacy degree. Thus, the DOL had erred, and the application did, in fact, state a minimum degree requirement that was appropriate in the U.S. Due to our office hard work, the PERM application was approved.

Immigration

H-1B and Nonimmigrant Visa Waiver Approval

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OUTCOME: H-1B visa and Nonimmigrant visa waiver approved

Our office advised the employee that in order to be approved for a H-1B work visa to travel to the U.S., the employee would need to apply for a waiver of inadmissibility, a 212(d)(3) waiver. The key to ... winning this case was demonstrating three key points in accordance with the decision of the Board of Immigration Appeals in Matter of Hranka (1) that the applicant’s unlawful presence was beyond his control and occurred years ago (2) that the employee had a valid reason to travel to the U.S. i.e. to work in a H-1B specialty occupation and 3) that the employee had no criminal history and posed no threat to public safety. Due to our office preparation of a strong case, the nonimmigrant visa was approved. The employee travelled to the U.S to work in a H-1B specialty occupation.

Immigration

L-1 Petition Approved

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OUTCOME: L-1 Visa Approved

Our client owned a bread manufacturing business overseas. He was being transferred to the U.S. to run a small franchised restaurant. The client received an eight page RFE pertaining to the franchise ag ... reement, the client’s position in the U.S.; and the U.S. operations. We successfully responded to the RFE and the case was approved.

Immigration

U.S. Consulate in Canada approved E-2 Visa Application

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OUTCOME: E-2 Visa Approved

Our client went to the U.S. Embassy in Canada for a E-2 investor visa application. After a short interview, the E-2 visas were granted to our client and his family. The client made approx. $100k invest ... ment in a restaurant. Before the interview, our office filed the E-2 visa application package with the U.S. consulate as required. With the approval, our client came to the U.S. to operate his business.

Immigration

H-1B Approved for Management Analyst

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OUTCOME: H-1B Approved

A doctor’s office expanding its offices filed an H-1B petition for a Management Analyst. The medical office had one full functioning office location. The company was planning to open a second location ... soon and required an individual to manage the medical office expansion. The employee in question possessed a Master’s degree in Business Administration. He was a recent graduate and possessed less than one year of experience in a related position. Our office submitted proof of the business expansion in the form of a business plan and organizational chart; a detailed job description, including the percentage of time to be spent on each duty and why the work performed required the services of a person with at least a 4-year degree in a relevant subject matter.

Shirin Natalie James's Legal Cases (6)

I-130 Motion to Reopen Success

PERM Motion for Reconsideration Approved

H-1B and Nonimmigrant Visa Waiver Approval

L-1 Petition Approved

U.S. Consulate in Canada approved E-2 Visa Application

H-1B Approved for Management Analyst