23 Jun Getson & Schatz, P.C. Secures Approval of H-1B Petition that was Previously Denied When Filed by Another Law Firm
Our immigration law firm in Philadelphia will often handle cases that were previously denied because the immigration law firm that initially handled the case did not recognize all of the issues and/or did not properly prepare the evidence.
An internationally renowned spa recently hired Getson & Schatz, P.C. to re-file an H-1B Petition on their behalf for the position of Spa Manager after USCIS denied a petition for the Spa Manager position that was prepared by another law firm.
After having denied the petition the first time on the basis that the Spa Manager position was not a specialty occupation requiring a Bachelor’s Degree in a specialized field as a minimum requirement for hire into the position, USCIS reversed its prior decision and approved the H-1B petition based on the evidence we provided.
With the re-filing of the petition we included a detailed job description of the Spa Manager position with the percentage of time devoted to each job duty and the educational requirements. We also demonstrated that Spa Managers in larger spas with revenues over a certain threshold like our client perform more complex duties than Spa Managers in smaller, low revenue spas, thus necessitating the need for a specialized Bachelor’s Degree.
Spa Managers in large, high revenue spas perform duties related to Financial Management, Marketing, and Human Resources which require a particular type of Bachelor’s level education to perform. We provided multiple letters from professionals in the Spa Industry attesting that spas similarly sized to our client with similar annual revenues normally require their Spa Managers to hold a specialized baccalaureate degree. We also provided numerous Linkedin profiles of Spa Managers in positions parallel to the Spa Manager position being offered by our client wherein each and every Spa Manager had a specialized Bachelor’s Degree.
The evidence clearly set forth that the requirement of a baccalaureate degree in a specific specialty is common to the industry in parallel positions among similar organizations and that the nature of the specific duties of the Spa Director position are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher in a specific specialty. As such, USCIS approved the H-1B petition for the Spa Manager position that it had denied before.