H-1B Approval for Media Design Company Petitioner, Albanian Beneficiary in California, Graphic Designer Position, Specialty Occupation Issue

CASE: H-1B Visa Petition – Response to Request for Evidence

PETITIONER: Advertising Media Company

BENEFICIARY: Albanian

LOCATION: California

ISSUE: Specialty Occupation 

Our client is an advertising media company in California. The beneficiary is from Albania, obtained both a Bachelors and Masters degree in the United States and worked for her employer under the OPT program.  The Petitioner-Employer filed an H-1B application on behalf of our client on June 21, 2010 by themselves.  However, USCIS mailed a 5-page Request for Evidence to the Petitioner-Employer and requested Petitioner to submit additional evidence to establish that the proffered position to the beneficiary qualifies as a “Specialty Occupation.” 

The USCIS was skeptical and argued that the proffered “Graphic Designer” position does not qualify as a “Specialty Occupation” under the federal immigration law.  Indeed, the law clearly states that an H-1B classification may be granted to an alien who will perform services in a specialty occupation which requires theoretical and practical application of a body of highly specialized knowledge and attainment of a baccalaureate or higher degree or its equivalent as a minimum requirement for entry into the occupation in the United States, and who is qualified to perform services in the specialty occupation because she has attained a baccalaureate or higher degree or its equivalent in the specialty occupation. 

The main issue for the client’s H-1B application was whether the “graphic designer” position requires a bachelor’s degree in graphic design or an equivalent degree which makes this position a “specialty occupation.”  Once Petitioner-Employer received the Request for Evidence (RFE) the from USCIS, our client retained us to prepare for the response. We gathered supporting documents from both the Petitioner and Beneficiary and did research on the advertising media industry to demonstrate that a bachelor’s degree is commonly required for graphic designer positions industry-wide.  

Attorney Sung Hee (Glen) Yu prepared a detailed cover letter to the USCIS with 15 exhibits (supporting documents) as a response to the RFE.  The exhibits included information regarding the Petitioner-Employer, a detailed letter from Petitioner-Employer regarding the position and past employment practices, advertisements for “graphic designers” proving that a Bachelor’s degree in graphic design or the like is required, etc. 

Our office filed the response to RFE with the USCIS California Service Center on November 2, 2010.  Our client’s H-1B application was approved on December 6, 2010.  Now our client can work for her employer as an H-1B visa holder and she can work there for next three years.