H1B visa

In the intricate world of US visa applications, the journey of a Cardiac Perfusionist from a TN Visa denial to an H1B Visa approval stands as a testament to meticulous case management and a deep understanding of immigration law. This case study sheds light on the strategies and insights that led to this successful visa petition.

I797 H1B Visa Approval

Initial Challenge: TN Visa Denial

The journey began when our client, under the guidance of another attorney, sought a TN Visa as a Medical Lab Technician/Technologist. However, this application was denied at a US port of entry by the Customs and Border Protection (CBP) officer due to the absence of the necessary VisaScreen. Further complications arose when it was revealed that the VisaScreen was unattainable for the client’s actual profession, Cardiac Perfusionist, which does not align with the Medical Lab Technician/Technologist category.

Strategic Shift to H1B Visa

Recognizing the misalignment in visa categories, we reassessed the case, agreeing with CBP and the Commission on Graduates of Foreign Nursing Schools (CGFNS) that a Cardiac Perfusionist does not qualify for a TN Visa. We refocused our efforts on an H1B Visa application, identifying that the role of a Cardiac Perfusionist is indeed a specialty occupation. Additionally, the placement of the employee at a cap-exempt, non-profit teaching hospital further strengthened our case for a cap-exempt H1B Petition.

Swift Approval and Entry into the US

Employing premium processing with the US Citizenship and Immigration Services (USCIS), the H1B Visa petition was approved within a remarkable 7 days. As a Canadian national, the employee utilized their I-797 Approval Notice to gain entry into the United States under the H1B visa, embarking on their employment journey seamlessly.

This case underscores the importance of correct visa categorization and demonstrates the value of experienced legal guidance in navigating the complexities of US immigration law.

Does my position qualify as a Medical Technologist for a TN Visa? What is a “specialty occupation” for an H1B visa?

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