OC Immigration Attorney

We recently received an approval for one of our clients’ software engineers in southern California. The employee has a Master’s Degree from Cal State Long Beach, therefore, she was eligible to process her H-1B under the Master’s Cap. The case was processed under the premium processing provisions.

The employee was already working for our client under Temporary Protected Status; therefore, we were changing her status from TPS to H-1B. The employer is not considered H-1B dependent, because fewer than 15% of the companies employees are H-1Bs.

The employee will help develop, create and modify the company’s software, use AI techniques for statistical data analysis, design application architecture and infrastructure using business process management, and perform coding and unit test authoring. Additionally, she will assist in authoring and reviewing technical product documentation and technical product training materials.

USCIS was convinced that the position required a high level of sophistication in a highly complex and technical area of software engineering that could only be performed by an individual with a minimum of a bachelor’s degree in computer science or a related engineering area.

The employee has a bachelor of science degree with a major in computer and communication engineering for a foreign university. Additionally, she has a master of science degree in electrical engineering from Cal State Long Beach. She began working for the employer in February 2012.

The client and employee were very happy with the result, and the look forward to the next three years of employment under H-1B status. This year the number of H-1B visas was reached within the first few days; therefore, a lottery was instituted to determine which petition would be selected. If you are considering an employment-based visa, contact The Nunez Firm to discuss the options available to you. Managing attorney Jay Nunez will personally meet with you to help you better understand the various paths, pros and cons.

The President is deeply committed to fixing our broken immigration system so that it meets our 21st century national security and
economic needs. As a part of comprehensive immigration reform, the President supports legislative measures that would attract and
retain immigrants who create jobs and boost competitiveness here in the U.S., including creating a “Startup Visa,” strengthening the
H-1B program, and “stapling” green cards to the diplomas of certain foreign-born graduates in science, technology, engineering,
and math (STEM) fields. Together these actions would help attract new businesses and new investment to the U.S. and ensure that
the U.S. has the most skilled workforce in the world. In the meantime, the Obama Administration is working to make
improvements in the areas where we can make a difference.

As part of these ongoing efforts and in recognition of the one-year anniversary of the White House Startup America Initiative, the
Department of Homeland Security today announced a series of administrative reforms which will be completed in the future. These
reforms reflect the Administration’s continuing commitment to attracting and retaining highly-skilled immigrants. These efforts are
critical to continuing our economic recovery and encouraging job creation.

In last week’s State of the Union, President Obama noted that “Innovation is what America has always been about. Most new jobs
are created in start-ups and small businesses.” He also stated in his remarks in El Paso last May, “In recent years, a full 25 percent
of high-tech startups in the United States were founded by immigrants, leading to more than 200,000 jobs in America.” Echoing
this, the President’s Council on Jobs and Competitiveness stated in its recent report, “Highly skilled immigrants create jobs, they
don’t take jobs.”

For more detailed information on the proposals.