Client Overview: Our client, a prominent company specializing in designing and manufacturing soft goods for mobile computing and medical applications, sought to hire an industrial engineer from abroad under the H-1B visa program. Given the complexity of their production processes and the unique challenges in the manufacturing sector, this case required careful preparation and detailed documentation to prove that the offered role qualified as a “specialty occupation” as defined by U.S. Citizenship and Immigration Services (USCIS).

Challenge: Securing an H-1B visa for an industrial engineer can be particularly challenging, as USCIS often scrutinizes whether the position meets the specialty occupation requirements. We needed to demonstrate that the job duties were sufficiently specialized and required the attainment of at least a bachelor’s degree in engineering or a related field.

The specific job duties included:

• Production Planning and Process Improvement: Working with the manufacturing operations team to optimize production of high-volume, low-variety products.
• Tooling and Fixture Design: Using SolidWorks to design tools and fixtures to improve production quality.
• Data Analysis: Collecting and analyzing production data to enhance efficiency and ensure safety.
• Lean Manufacturing Practices: Implementing lean processes and conducting time and motion studies to calculate production times and identify bottlenecks.
• Software Use: Proficiency in specialized software like MS Word, Excel, and Visio was also essential for creating SOPs and production layouts.

USCIS has a history of issuing Requests for Evidence (RFEs) when there is ambiguity around whether a position qualifies as a specialty occupation, which could delay the application process.

Our Approach: Understanding the time-sensitive nature of this case and the challenges associated with proving specialty occupation, we adopted a proactive strategy:

1. Preemptive Expert Opinion Letter: To prevent an RFE, we worked closely with experts in industrial engineering to draft an opinion letter. This letter outlined how the job required theoretical and practical application of highly specialized knowledge in fields such as engineering, process optimization, and production layout design.
2. Detailed Job Description: We ensured that the job duties were articulated in detail to emphasize the specialized nature of the work. This included breaking down each task and correlating it with the necessary education and experience in industrial engineering, ensuring compliance with USCIS requirements for a specialty occupation.
3. Documentary Evidence: We supported the case with comprehensive documentation, including the industrial engineer’s academic qualifications, work experience, and the specific requirements of the offered position, all aligned with the criteria outlined in USCIS regulations.
4. No RFE Approach: Given that RFEs can lead to significant delays, we strategically built a case that addressed potential concerns USCIS might raise. By submitting all necessary documents, including the expert opinion, upfront, we aimed to avoid the issuance of an RFE, which could prolong the process.

Outcome: Our proactive approach paid off, as the petition was approved without an RFE, saving both time and resources for the client. The client was able to onboard the industrial engineer swiftly, allowing them to continue their focus on optimizing production and improving their competitive position in the market.

Key Success Factors:

• Expert Opinion: Engaging with field experts preemptively provided USCIS with clear, authoritative evidence of the specialty occupation nature of the role.
• Thorough Documentation: By anticipating potential areas of concern and addressing them proactively, we were able to build a solid case.
• Strategic Planning: Understanding the client’s time constraints, we crafted a meticulous submission to avoid delays often caused by RFEs.

This case exemplifies our firm’s commitment to delivering successful outcomes, even in complex cases, by leveraging expertise, strategic planning, and thorough documentation.