CASE: H-1B Visa Petition (Change of Employer)
PETITIONER: Advertising Media Company
BENEFICIARY: Web / Graphic Designer
Our client is an advertising media company in California. They contacted our office in early March to seek legal assistance from our office for their foreign employee. The beneficiary is from Kenya and obtained his Bachelor’s degree in Interactive Multimedia in the United States. The proffered position for the Beneficiary is a Web / Graphic Designer which qualifies as a specialty occupation. This proffered position is clearly a “specialty occupation” because the minimum requirements for this position are a Bachelor’s Degree in Graphic Design or its equivalent. It almost has become a necessity and in order for companies to have these competent Graphic Designers, some with a Bachelor’s Degree in Graphic Design or its equivalent is a must. Our office has helped several foreign graphic designers’ H-1B petitions, so we clearly explained to the USCIS with numerous supporting documents that the proffered position is a specialty occupation.
The foreign beneficiary in this case already had his H-1B visa from his previous employer in a similar industry. However, his H-1B visa was not expired yet, and he wanted to extend his H-1B status based on a change in employer.
Once retained, our office promptly filed the H-1B visa petition with various supporting documents on March 25, 2011 via regular processing service. Since this petition was based on a change in employer, this petition was exempted from the annual H-1B cap. Thus, we could file prior to April 1. There were no Requests for Evidence during the processing of the H-1B. Eventually, our client’s H-1B Petition was approved on May 10, 2011. Now the Beneficiary can work for his Petitioner-Employer as an H-1B visa holder and he can work there for next three years.
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