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American Flag with the Statue of Liberty, the symbol of hope for many immigrants

REPRESENTATIVE CASES

H-1B PETITIONS

Third Party Worksites:

We have successfully handled a number of Third Party Worksite cases (post January 8, 2010
Neufeld Memo), including cases involving multiple parties and employment placement
companies, without issuance of a Request for Evidence (RFE) under both Regular Processing
and Premium Processing Service. The H1B Petitions addressed each of the items referenced in
the Neufeld Memo and verified the employer-employee relationship.

Correlation between Position Offered & Education/Experience:

We have successfully handled several H1B Petitions where the relationship between the
Beneficiary’s degree and/or experience and the position offered was unclear. The H1B Petitions
drew a nexus between the Beneficiary’s course work and/or experience as applied to the position
offered. USCIS approved the majority of these cases without issuance of a Request for Evidence
(RFE) under both Regular Processing and Premium Processing Service.
Salary Below Prevailing Wage for Position:

We have successfully handled several H1B Petitions where the Beneficiary’s initially salary
appeared to be below the Prevailing Wage for the position offered. Upon review of the Beneficiary’s
proposed job duties and the Department of Labor’s occupational categories, we were able to
identify the appropriate occupational category for the position with the parameters of the salary
offered.

Start-up Companies/Small Offices:

We have successfully handled a several cases involving start-up companies and companies with
fewer than five (5) employees, without issuance of a Request for Evidence (RFE) under both
Regular Processing and Premium Processing Service.

Layoffs/Terminations:

We have successfully handled a multiple H1B Transfers where the Beneficiary was out of work
due to a layoff or termination, in some cases for as long as six (6) to eight (8) months. The H1B
Transfer Petitions addressed the Beneficiary’s employment status and requested a discretionary
transfer from USCIS.

Benching:

We have successfully handled several H1B Transfers where the Beneficiary was benched by his
current employer and was unable to produce a paystub or earnings statement to verify his/her valid
employment status. The H1B Transfer Petitions included a thorough explanation addressing the
benching issues and the steps taken by the employee to maintain an employer-employee
relationship, and requested a discretionary H1B Transfer from USCIS.  

221 (g) Suspension Notice (“Pink Notice”)/Administrative Processing

We have quickly and successfully resolved H1B visa issuance delays, involving 221 (g)
Suspension Notices (“Pink Notices”) for H1B visa applicants subject to additional administrative
processing at the United States Consulate in Chennai, India.

TN PETITIONS/APPLICATIONS

Management Consultants:

We have successfully handled a number of TN Petitions and TN Nonimmigrant Visa Applications
involving the Management Consultant Occupational Category, where the Beneficiary qualified for
the position on the basis of five (5) years of employment experience rather than a bachelor degree.
The TN Petitions/Applications described in detail the proposed Management Consultant duties
and included thorough verification statements from the Beneficiary’s previous employers, fully
describing his or her previous Management Consultant positions.

Computer Systems Analyst:

We have successfully handled a number of TN Petitions and TN Nonimmigrant Visa Applications
involving the Computer Systems Analyst Occupational Category, where the Beneficiary qualified for
the position on the basis of a Post-Secondary Diploma/Post-Secondary Certificate, plus three
years of experience, rather than a bachelor degree. The TN Petitions/Applications described in
detail the proposed Computer Systems Analyst duties and included thorough verification
statements from the Beneficiary’s previous employers, fully describing his or her previous
Computer Systems Analyst positions.

Scientific Technicians/Technologists:

We have successfully handled a number of TN Petitions and TN Nonimmigrant Visa Applications
involving the Scientific Technician/Technologist Occupational Category, where the Beneficiary
qualified for the position on the basis of employment experience rather than a bachelor degree.
The TN Petitions/Applications described in detail the proposed Scientific Technician/Technologist
duties and outlined the Beneficiary’s progressively responsible experience within the field, as well
their thorough understanding of the relevant theoretical concepts, and application thereof.

IV Green Card Processing for TN Visa Holders:

We have successfully handled Immigrant Visa Applications (Consular Processing of the Green
Card) for TN visa holders, where the applicant was able to establish ties to their residence abroad
and the requisite intent at the time of the application.

PERM LABOR CERTIFICATION

Experience Gained with Current Employer:

We have handled several cases involving EB-2 and EB-3 Applicants who qualified for the position
(in whole or in part) on the basis of their previous experience with their current employer (in a
materially different position). The Department of Labor has Certified every PERM Labor
Certification Application (Form ETA 9089) our Firm has filed which included experience gained
with the same employer as a partial or total basis for qualification for the position.

Cook/Specialty Chef:

We filed a PERM Labor Certification Application (Form ETA 9089) on behalf of a Cook/Specialty
Chef position, which required two (2) years of experience in the field (exceeded the SVP for the
position). The PERM Labor Certification Application (Form ETA 9089) was Certified by the
Department of Labor without an Audit Notice.

Spanish Teacher:

We filed a PERM Labor Certification Application (Form ETA 9089) on behalf of a Spanish Teacher
position, which required knowledge of a foreign language (Spanish). The PERM Labor
Certification Application (Form ETA 9089) was Certified by the Department of Labor without an
Audit Notice.

Engineers:

We have filed over one hundred (100) PERM Labor Certification Applications (Form ETA 9089) on
behalf of engineers in every specialty area (Civil, Electrical, Mechanical, Environmental), all of
which were Certified by the Department of Labor without issuance of an Audit Notice.

AUDIT RESPONSES

We have successfully responded to every Audit Notice issued by the Department of Labor,
including cases involving Business Necessity, all of which were ultimately Certified by the
Department of Labor or remain pending
.

DiSanto & DiSanto, PLC
7702 East Doubletree Ranch Road, Suite # 300
Scottsdale, Arizona 85258
Phone: 480-551-7020
E-mail: cmd@disantoimmigrationlaw.com
The following are samples of a some of the successful immigration cases and matters
handled by the law firm of DiSanto & DiSanto, PLC.  Please be advised that these case studies
are representative cases, and we cannot guarantee the same results in your particular
case.