Firm News: Univ. of Farmington H-1B Visa Approval
Porter Law Office, LLC helped a client obtain an H-1B visa approval in response to a Notice of Intent to Deny (“NOID”) on Form I-129 due to the client’s attendance at University of Farmington, a fake school created by ICE to persecute those involved with student visa fraud.
If you have not heard, University of Farmington was created by ICE and Homeland Security Investigations (“HSI”) as an operation to crack down on visa fraud in the F-1 context. Our client had attended Farmington in an effort to maintain valid F-1 status. The client’s H-1B visa was initially approved in 2018. An extension was filed in 2019, and the case remained pending for over a year. The case was upgraded to premium processing. Within 15 days, USCIS issued the NOID stating that due to enrollment at Farmington, the beneficiary was not initially eligible for H-1B status.
University of Farmington NOID Factually Incorrect
Our office received the NOID and began due diligence. Upon review of the NOID, it was clear that USCIS made vital errors in the timeline of events. USCIS claimed that the beneficiary was in valid status at the time her initial I-129 was filed due to her attendance at University of Farmington. Although the client did attend Farmington, she did not do so until after filing the cap-subject I-129.
To be sure, our office began by reaching out to the HSI special agent who conducted the interview of the beneficiary. The special agent interviewed the beneficiary as part of the University of Farmington investigation. The agent was tasked with determining whether the beneficiary committed fraud. HSI provided the transcript of the interview, and to our surprise, the HSI agent indicated that the beneficiary committed no fraud.
Specifically, the agent stated that the beneficiary “is currently in status as an H1B, and it does not appear she committed fraud in applying for her H1B. The petition for H1B was submitted before her enrollment at University of Farmington. No further action is anticipated at this time.”
As a rule of thumb, always request primary evidence from the government. Make the request directly with the agent or indirectly through FOIA. The information you obtain from such request is invaluable to your case.
Our office utilized the agent’s report in our NOID response. When the I-129 was filed, the Beneficiary was residing in the U.S. in lawful, valid non-immigrant status. She was working pursuant to a grant of post-completion OPT. We cited the regulations at 8 C.F.R. 248.1(b), which provide that a change of nonimmigrant classification may be approved for an alien who maintained his or her status before the application was filed. USCIS has long deemed an alien to be within a period of stay authorized by the Attorney General (and not unlawfully present), if the alien has a filed a non-frivolous extension or change of status application with the Service Center and that application is still pending, provided that such application was timely filed, i.e., prior to the expiration of the Form I-94. See 3/3/00 Pearson memo.
We then summarized USCIS’s errors and requested that USCIS exercise adjudicative discretion and approve the case because the positive factors in the case clearly outweighed the negative. Our brief addressed the legal and factual basis for maintaining the prior H-1B visa approval.
USCIS ultimately agreed and issued the H-1B visa approval, but denied the extension of status request.
Consular Processing of H-1B Visa
As a result, the beneficiary returned to her home country to obtain a visa at the U.S. embassy. Our office provided the beneficiary with a detailed consular package that contained the original I-129 petition, the NOID response, and relevant adjudicative information. The embassy issued an approved H-1B visa stamp within a week of the interview. Exceptional news for the client who believed that this mistake would permanently end their stay in the U.S. We are proud to have been of assistance.
Beneficiary obtained H1B visa from U.S. consulate within about a week of her interview
This case highlights the importance of not conceding to USCIS’s claims. Often times, USCIS’s allegations and proposed denials can frighten a client into giving up. The lesson is simple. Just because the government makes a claim, no matter how damaging the claim may seem, it does not mean the claim is true. We will always fight for our clients. This case stands as a valuable confirmation of our efforts.
H1B Lawyer in Columbus, Ohio
H-1B Visa Attorney
Porter Law Office, LLC has experience in securing H-1B visas for a wide variety of organization and individuals. The H-1B visa process is complex. There are strict federal labor laws and immigration rules and regulations. Columbus, Ohio immigration lawyer Matthew R. Porter, Esq. assists employers in complying with the H-1B visa regulations, responding to RFEs and NOIDs, and appeals. We can help your organization with H-1B visa petition filings and compliance issues. If your organization is considering sponsoring a foreign national on an H-1B visa, contact Columbus, Ohio immigration lawyer Matthew R. Porter to discuss your H-1B visa options.
