Kaitlyn Nicole Garcia's Legal Cases (2)

Immigration

H-1B Wage Level 1 Request for Evidence

N/A

OUTCOME: Approved

In the summer of 2017, H-1B employers received Requests for Evidences (RFEs), and even second RFEs, questioning the Level 1 wage designation on their labor condition applications (LCA). USCIS state ... d that the Level 1 wage designation in the LCA did not seem proper because the duties of the H-1B position seemed too specialized or complex to be a level 1 position i.e. the duties did not appear to encompass "only a basic understanding of the occupation" as provided by the Department of Labor's Level 1 wage definition. My team successfully proved that the questioned positions did, indeed, fall within the level 1 wage designation by carefully arguing that each element of the level 1 designation was established, resulting in case approvals.

Immigration

221 (g) visa denial reversed

N/A

OUTCOME: Approved

Foreign national's employer applied in the H-1B cap and received 221(g) visa denial resulting in the foreign national's inability to enter the U.S. with their approved H-1B. The foreign national was un ... able to enter the U.S. despite their H-1B approval for about eight months. Since the foreign national was counted against the cap, it was not required that their employer file for a new H-1B cap petition in the next lottery. Working with the employer and foreign national, I successfully filed an H-1B amendment and worked to support the petition with the necessary documentation to secure a better chance for the foreign national to receive the necessary visa to enter the U.S. I counseled the employee in order to best prepare them for their visa interview at the consulate. With appropriate guidance, the foreign national was best prepared for their visa interview and was able to secure their H-1B visa to enter the U.S. and begin working on their project.

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