FY-2015 H-1B Petition Approved for Consular Processing

Getson & Schatz P.C. was able to successfully represent a performance optimization consulting engineering firm in securing an H-1B visa for a prospective employee for the position of a Performance Optimization Engineer pursuant to a FY-2015 H-1B cap petition. The consulting firm provides services to companies that own or operate bulk chemical processing assets in the power, oil and gas, mineral processing and water/waste water treatment industries. The firm wanted to hire a Performance Optimization Engineer with chemical engineering capabilities to understand and apply their proprietary instrumentation and process designs to their clients in a safe, reliable manner that conforms to industry standards and regulations. The job duties involve evaluating and making improvements to the performance of power facilities and incorporating the proprietary technology to deliver maximum pollution control efficiency with minimum cost and resource allocation.

The Beneficiary was currently in the United States in lawful L-1A status but was requesting consular processing to apply for an H-1B visa to enter the United States to work for the company effective October 1st.  A letter from the company was included with the petition documenting that the position involved a Bona Fide, Non Speculative Job Offer and showing the need for the position due to increased demand for custom performance optimization that exceeded the capabilities of their current employees. The firm required the Beneficiary in this position to help them stay ahead of their competition and to fully meet the needs of their power, oil & gas, mineral processing and water/wastewater treatment clients.

Our Philadelphia immigration law firm helped to compile evidence showing that the Beneficiary was qualified for the position and that the position was one required of the firm. A letter from the employer detailed that the position required theoretical and practical application of a body of highly specialized knowledge and attainment of a Master’s Degree or its equivalent in Chemical Engineering, a standard minimum in the company and industry for the Performance Optimization Engineer position. The letter also detailed how coursework in attaining a Master’s degree or its equivalent in Chemical Engineering provides knowledge of the chemistry, physics, engineering and applied mathematics necessary to perform the job duties of the position.

The Beneficiary met the requirements for the position as he was awarded a foreign Master’s Degree in Chemical Engineering that was evaluated to be equivalent to a United States Master’s Degree in Chemical Engineering. To provide evidence of this, a copy of the beneficiary’s Master’s Degree from his university was included, as well as a degree equivalency evaluation.

Based on this evidence, USCIS approved the FY-2015 H-1B cap petition for the Beneficiary requesting consular processing, enabling the Beneficiary to accept the position and lawfully work within the United States in H-1B status.

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