20 Jan Change of Status Approved from TN to H-1B
Getson & Schatz represented a contract research organization (CRO) in the Philadelphia area in the process of sponsoring an individual for H-1B status. CROs provide support, outsourced on a contact basis, to the pharmaceutical, biotechnology and medical device industries, as well as foundations, research institutions, universities, and governmental organizations. This particular CRO employed a Canadian citizen in TN Status in the position of chemist. The CRO wished to sponsor the Canadian citizen for permanent resident status and since TN is not a dual intent visa whereas H-1B is a dual intent visa the Beneficiary wished to change status from TN to H-1B. Our immigration lawyers filed an I-129 Petition to change Beneficiary’s status from TN to H-1B based on the specialty occupation nature of the position. To establish Beneficiary’s eligibility for this change of immigration status, our lawyers submitted numerous documents. First, our lawyers included a certified copy of our client’s Department of Labor-certified Labor Condition Application that showed our client would both pay Beneficiary the required wage and that Beneficiary’s employment would not negatively affect the labor conditions of other similarly situated employees. In addition, our lawyers included a letter from our client in which our client outlined the specialization Beneficiary’s job demanded, the Ph.D. requirement of that job, and how Beneficiary satisfied those requirements through his education. Moreover, our lawyers provided Beneficiary’s professional credentials, degrees and academic evaluations as proof of his eligibility for the position our client offered. U.S. CIS approved the change of status from TN to H-1B.