1The Challenge
A product manager at a technology company had their H-1B petition denied by another law firm. The denial was based on USCIS's determination that the position did not qualify as a specialty occupation. With their OPT expiring soon, the client needed to act quickly to maintain their legal status in the United States.
2Our Strategy
We completely restructured the specialty occupation argument. Rather than relying on a generic job description, we documented the specific technical requirements of the role — including data analysis skills, A/B testing methodology, and cross-functional technical collaboration. We obtained a detailed expert opinion letter from a professor of technology management establishing that this specific product management role required specialized knowledge at the bachelor's degree level. We filed with premium processing.
3The Outcome
The petition was approved with premium processing in just 3 months. The client successfully transitioned from their prior status to H-1B and is now pursuing their green card through the EB-2 NIW category.
Reviewed by Jinwen Liu, Esq.