H-1B Petition Approved for Landscape Designer Under U.S. Master’s Cap

Getson & Schatz P.C. successfully represented an Architecture and Planning firm in obtaining approval for a cap-subject H-1B petition on behalf of a Chinese beneficiary for the position of Landscape Designer. The job duties of the position included collecting information for design projects, planning designs and preparing design schematics, performing drafting work, collecting and compiling grounds maintenance data and plotting topographic surveys.

The position required theoretical and practical application of a body of highly specialized knowledge and attainment of a United States Bachelor’s Degree or its equivalent in Landscape Architecture or Urban Planning. A letter from the employer detailed that the minimum requirement for the position was a Bachelor’s Degree or its equivalent.

The Beneficiary was in the United Sates in lawful F-1 status and eligible for a change of status to H-1B status effective October 1, 2014 under the “cap gap” regulation as her Optional Practical Work authorization was valid through July 2014. Our Philadelphia attorneys were able to compile evidence showing that the Beneficiary met the requirements of the position as she was awarded a Master’s Degree in Landscape Architecture; a copy of the Beneficiary’s degree and academic transcript were included to show this and to show that the Beneficiary was indeed qualified for the position.

Based on this information, our Philadelphia immigration lawyers were able to help our client receive approval for Form I-129 for a FY-2015 H-1B U.S Masters Cap Petition for a change of status from F-1 status to H-1B status, allowing the Beneficiary to accept the position and work lawfully within the U.S.

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