There is more than one reason a green card application might be denied by the U.S. immigration authorities:

• Failing the required medical exam
  
• Having been convicted of certain types of crimes
  
• Seeking admission into the U.S. in order to violate U.S. security laws
  
• If you are seen as likely to become dependent on the U.S. government for long-term care or financial support
  
• If you have entered the U.S. illegally
  
• Failing to meet application requirements (such as missing a form, fee, and/or document)
  
• Failure to attend your fingerprinting/interview appointment
  
• If an underlying petition is denied, so will the green card application
  
• Changing employers after filing of I-140 visa
  
• USCIS error (losing fee checks or documentation, wrong information on documentation, or failing to send you an important notice)

A “specialty occupation” is defined as “an occupation that requires (a) theoretical and practical application of a body of highly specialized knowledge and (b) attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.”
To establish that a job qualifies as a specialty occupation under USCIS regulations, one or more of the following criteria must be met:

• A bachelor’s or higher degree or its equivalent that is normally the minimum entry requirement for the position; the required degree must be related to the position to be filled.
  
• The degree requirement is common to the industry, or in the alternative, the position is so complex or unique that it can be performed only by an individual with a degree;
  
• The employer normally requires a degree or its equivalent for the position; or
  
• The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

If the applicant does not possess a bachelor’s or higher degree, he or she may qualify for an H-1B visa based on experience that is equivalent to a bachelor’s degree. The beneficiary must demonstrate recognition of his or her expertise gained through “progressively responsible positions relating to the specialty”. Documentation of recognition could include letters from previous employers, peers and special honors recognition, or authorship of textbooks. With the “three-for-one” rule, three years of specialized training and/or work experience may be substituted for each year of college-level education that the beneficiary lacks.

There are some downsides to the H-1B visa, the first limitation is the annual limit on how many petitions that are approved each year. (Other visas also have a limit but they are not as easy to obtain so the limit for those is rarely reached).
Another limitation of an H-1B status visa is that it is temporary and may only be approved for up to 3 years. (It may be renewed after the three years is up for a further three years).
There are strict dates for the H-1B status visa process. Petitions cannot be filed until April 1st; if a petition is selected and approved, the individual cannot begin working until the 1st of October of that same year.
Finding a sponsoring employer for this visa can be difficult and soliciting employer must cover petitioning fees (which are steep).

We offer a free consultation meeting to ensure we are a good fit for your organization’s needs. Beyond this, we offer organizations flat-rate pricing for all immigration and virtual counseling programs. This provides companies, that likely need to process multiple cases per year, with more affordable solutions, while allowing us to be more client-focused and focus more on your specific needs. It’s a win-win.

At Curtis Law Firm, PLLC, our immigration services help companies throughout the United States hire the right employees. Part of this – supporting your employees – may involve counsel and services that are related, but not directly employment-based. As our primary purpose is to help your employees succeed, we offer additional services to support their overall immigration.

In addition, we offer technology law representation to help you:

• Patent your technology and ideas
  
• Protect your trademarks and service marks
  
• Sell, license or contract your rights
  
• Prosecute any violation of your rights
  
• Make sure your rights are properly registered
  

Negotiate and contract valuable rights on your behalf (or license, purchase rights)

Extending our services to offer business law assistance with:

• Corporate governance for meetings, resolutions and shareholder agreements
  
• Contract drafting and negotiation
  
• Real estate transactions
  
• Drafting leases and negotiating purchase agreements
  
• Employment law complications
  
• Promissory notes, security agreements, and UCC financing statements

Currently, Curtis Law focuses on employers and only handles employment-based immigration cases. Family immigration services are offered when they are attached to employment-based visas.