We successfully received the approval of an H1B Visa for a Cardiac Perfusionist through Form I-129 with US Citizenship and Immigration Services (USCIS) after a TN Visa denial. The employee first attempted to obtain a TN visa at a US port of entry under the Medical Lab Technician/Technologist profession and was denied entry. We were able to review the profession and placement of the employment at a non-profit teaching hospital and file a successful H1B visa petition. We discuss the details of this case and the H1B visa approval here.
Under the advice of another attorney, our client attempted to obtain a TN visa under the profession of Medical Lab Technician/Technologist. Upon review of the application materials, the CBP Officer denied the TN Visa application for lack of the required VisaScreen. They then attempted to obtain a VisaScreen and were advised that it was not possible for the actual profession they were working under, Cardiac Perfusionist, as it does not fall under the profession of a Medical Lab Technician/Technologist. After our review of the facts of the case, we agreed with both CBP and CGFNS that the profession of a Cardiac Perfusionist is NOT a TN Visa profession. While working through the facts of the case with the employer, we were able to build a case for a Cap-exempt H1B Petition as the profession of a Cardiac Perfusionist is a specialty occupation and the employee was being placed at a cap-exempt hospital. The case was approved within 7 days via premium processing with USCIS. As a Canadian, the employee then used their I-797 Approval notice to enter the United States through a US port of entry under the H1B visa and begin their employment.
Additional Outside Resources
- H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models
- USCIS: Form I-129, Petition for a Nonimmigrant Worker
- I-907, Request for Premium Processing Service
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The immigration lawyers at Richards and Jurusik Immigration Law have more than 20 years of experience helping people live and work in the United States. Contact us today for a free assessment of your legal situation.