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.
Does my position qualify as a Medical Technologist for a TN Visa? What is a “specialty occupation” for an H1B visa?
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 an assessment of your legal situation.