Are you searching for an attorney to represent you in your employment-based immigration case? Read our case results to learn more about our lawyers, the areas of immigration law we practice, and what we have been able to achieve for our clients.
- Managing Partner, Emily Neumann helped a logistics company bring a Naval Engineer from South America to is U.S. office by successfully obtaining approval of an L-1B specialized knowledge visa.
- Reddy & Neumann, P.C. helped a manufacturing company obtain an L-1A visa to transfer a Production Manager from it’s facility in South Africa to the United States in order to improve operations at it’s Texas facility.
- Associate Attorney Juanita Deaver helped a ServiceNow CMA prepare, file, and obtain an EB-1A I-140 approval in 8 days allowing the extraordinary individual to immediately file for their green card with their spouse. Many people currently qualify for an EB-1A but do not realize it or have heard that it is too difficult to do so. After a thorough review of credentials it was determined that the ServiceNow CMA more than qualified.
- Partner Krystal Alanis and her team received a PERM approval after a complex PERM audit was issued by the Department of Labor. PERM applications are filed electronically via the DOL’s Foreign Labor Certification Permanent Online System. An employer is not required to submit supporting documentation when a PERM application is filed. Therefore, the DOL implements a quality control process in the form of audits to ensure compliance with all PERM regulations. The audit focused on whether the employer has the need to employ a permanent full-time Senior Investment Analyst and the existence of a bona fide job opportunity. After submission of a 400-page response, DOL issued approval. While the audit was pending, because the team planned the timing of the PERM filing perfectly, we were able to secure a 1-year H-1B extension for the employee while the PERM was pending. Now that the PERM is approved, the employer will be able to file the I-140 Immigrant Petition and secure H-1B extensions in 3-year increments upon I-140 approval until the employee’s priority date becomes current. Learn more about PERM audits.
- Founding Partner Rahul Reddy and Associate Attorney Juanita Deaver successfully responded to a Notice of Intent to Deny (NOID) regarding an unwarranted accusation of marriage fraud. The young couple had
substantial evidence of a valid marriage and within 15 days of response to the NOID the case was approved.
Reddy & Neumann, P.C. helped a maritime design and consulting firm obtain an L-1A visa to transfer their Head of Business Development in South America to the United States to fill a Sr. Sales Manager role.
Our client and beneficiary previously filed an I-140 Schedule A petition last year with another firm and the case was ultimately denied. The client brought this urgent case to us within a few weeks of their filing deadline. The beneficiary’s H-1B max out date was a couple of months out and without an I-140 approval the beneficiary would have likely had to depart the U.S. Associate Attorney Ruth Garbanzo was able to file the petition within the filing deadline with premium processing and received an approval within 1 week and 2 days. Now, our team is able request an extension on the beneficiary’s H-1B and the beneficiary is able to remain in the U.S. with their family while serving their community by providing vital care as an Emergency Department Nurse.
- Associate Attorney Felipe Jimenez helped an Information Technology Services and Product company obtain an H-1B visa for a Program Manager outside the United States in time for the employee to be able to utilize the valid visa stamp from a prior employer. This allowed the employee to immediately travel to the United States and begin work on an urgent assignment.
- Associate Attorney Juanita Deaver helped an Ophthalmologist Fellow prepare, file, and obtain an EB-1A I-140 approval in less than 10 days allowing the extraordinary individual to immediately file for their green card with their spouse. Many people currently qualify for an EB-1A but do not realize it or have heard that it is too difficult to do so. After a thorough review of credentials it was determined that the Ophthalmologist Fellow more than qualified.
- Reddy & Neumann, P.C. helped a global software solutions company obtain a Blanket L approval to allow the company to transfer high-level employees from its foreign affiliates by directly applying for L-1A and L-1B visas at a consulate. Having a Blanket L will save the company time and money by eliminating the need to file individual L-1 petitions with USCIS.
- Reddy & Neumann, P.C. helped a company in the pipe fitting industry obtain an H-3 visa to bring trainees from its overseas locations to learn about quality control, inventory planning, and manufacturing operations in its U.S. facilities.
- Partner Krystal Alanis helped a Machine Shop that had received a Notice of Inspection from ICE investigating the company’s I-9 practices. Her work ensured the company was following proper I-9 procedures, and Krystal successfully settled a claim with ICE over the company’s Form I-9 substantive paperwork violations. Her successful negotiations helped her client avoid potential litigation and led to an 88% reduction in civil fines for her client, saving the company tens of thousands of dollars.
- Partner Emily Neumann helped an engineering firm handle an H-1B transfer denial filed for an Engineer by another firm. During the initial filing, a request for evidence was issued for the engineer’s license in the state of intended employment. The employee was a licensed engineer in his previous state of employment, but had not yet obtained a license in the location of his new job. Although the license was submitted by the prior attorney, no explanation was made regarding its validity in the new state. The petition was denied, immediately putting both the engineer and his wife out of status and both were now unlawfully present in the country because their I-94 cards had already expired. We re-filed the petition in premium processing submitting the rules for engineers working under a licensed engineer along with proof that the engineer’s supervisor had the proper license. Because the employee and his spouse were out of status at the time of filing, we also requested a “nunc pro tunc” extension due to the extraordinary circumstances surrounding the denial of the original transfer. Both the H-1B and H-4 were approved, restoring the family back to status and allowing the engineering firm to employ their new engineer.
- Reddy & Neumann, P.C., Jonathan Wasden from Wasden Law, and Jesse Bless on behalf of AILA celebrate the historic settlement in Edakunni v. Mayorkas with the Department of Homeland Security (DHS), which offers structural changes for nonimmigrant H-4 and L-2 spouses who experience lengthy processing delays, which frequently result in delayed employment authorization. Due to the implementation of the biometrics requirement in 2019 and USCIS’s decision to stop processing I-539s and I-765s concurrently with I-129s, these delays have been ongoing since then. Now, our team successfully overturned the USCIS policy that had previously separated H-4 and L-2 spouse applications from their concurrently filed I-129 petitions, resulting in long delays for the H-4, EAD, and L-2 visa categories. A settlement between the plaintiffs and the government was approved, wherein USCIS will consent to resume adjudicating I-539s and I-765s for H-4 and L-2 derivatives along with the underlying I-129 when these forms are filed jointly. Beginning on January 25, 2023, this will happen. See more in Forbes.
- Sr. Associate Attorney Ashley Thomas and Associate Attorney Juanita Deaver tag-teamed a crunch-time case to keep a Beneficiary and his pregnant spouse from having to leave the country while facing the 6- year max-out. Both attorneys worked side-by-side and pre-prepared each element of the case to keep the young family from having to leave before receiving the I-140 approval and then the H-1B extension.
- Reddy & Neumann, P.C. Partner Steven Brown successfully sued the Department of State for a long pending 221(g) notice for a visa applicant. The employee had been stuck in administrative processing for nearly 5 months after completing the DS-5535. The lawsuit was filed in the District of Columbia in November, and the client received their visa stamp in mid-December.
- Managing Partner, Emily Neumann was quoted in a Times of India article on the retrogression in the EB-1 category: Now Indians likely to face green card delays even for the fast track EB-1 category.
- Reddy & Neumann, P.C. Partner Steven Brown has successfully sued USCIS on multiple interim benefit delays (I-485 EAD and AP). These cases were filed once the individual had waited more than 6 months after filing. USCIS moved to adjudicate their interim benefits not long after litigation commenced and the plaintiffs finally received their employment authorization cards after a long wait.
- Reddy & Neumann, P.C.’s advocacy efforts through our YouTube channel helped ensure that USCIS used all available green cards in Fiscal Year 2022 when available employment-based visa numbers went unused due to agency inaction and delay in the prior fiscal year.
- Reddy & Neumann, P.C. Partner Steven Brown successfully sued the Department of State for a long pending 221(g) notice for an H-1B visa applicant. The applicant completed his DropBox appointment in mid-November 2021, and continued to wait until a lawsuit was filed in October 2022. After filing the lawsuit and communication as to the urgency of the case with the US Attorney’s office, the applicant received their visa stamp in December 2022.
- Managing Partner, Emily Neumann was quoted in a Bloomberg Law article on the issues of available green cards for the fiscal year: Immigration Agency Races to Issue 280,000 Available Green Cards.
- Partner Steven Brown was recognized as a contributor to the book, Litigating Immigration Cases in Federal Court, Sixth Edition, by Robert Pauw. The book provides an overview of basic principles of judicial review and important case law in the area of immigration.
- Our client and beneficiary were waiting on a long pending PERM application to be approved in order to file the I-140 immigrant petition and I-485 adjustment of status application in time to utilize the September 2022 Visa Bulletin under the EB-2, India category. The beneficiary’s priority date is in 2014. Knowing that priority dates were about to retrogress under the October 2022 visa bulletin, Partners Rebecca Chen and Krystal Alanis, along with their amazing team took quick and efficient action within a week of PERM approval to file the I-140 and I-485 concurrently right before the new Visa Bulletin went into effect on October 1st.
- As a result of the settlement reached in Shergill et al. v. Mayorkas, the class action lawsuit brought by Reddy & Neumann, P.C. Senior Associate Steven Brown, Jonathan Wasden from Wasden Banias, and Jesse Bless from the American Immigration Lawyers Association, among others, USCIS has updated its Policy Manual to permit the automatic extension of some EAD renewals. The EAD of an E or L dependent spouse, as well as employment authorization and the EAD of an H-4 dependent spouse, shall be automatically renewed for a maximum of 180 days as of November 12, 2021 if certain conditions are met. Read more from AILA.
- Partner Ryan Wilck helped a company respond to a Notice of Intent to Deny an I-140 petition filed for a Computer Systems Analyst position by another firm. In a wide ranging investigation, USCIS found that the owner of the Beneficiary’s former employer was arrested for visa fraud, money laundering, and other related crimes. The criminal investigation of the Beneficiary’s former employer led USCIS to question his work experience with that company. Statements made by the Beneficiary while assisting the investigation were misconstrued by USCIS. We strongly responded to USCIS’s Notice of Intent to Deny, pointing out that the Beneficiary had done nothing wrong, was fully cooperative, and that our Client had no relation to the former employer’s criminal actions. We contacted the federal investigators who spoke with the Beneficiary during its investigation and obtained documentation from the government identifying that the Beneficiary was never a subject of the investigation and is and has always been free from any suspicion of fraud or wrong-doing. We were able to demonstrate to USCIS the Beneficiary’s undeniable experience with the Beneficiary’s W-2s from his time working for former employer. After nearly 9 months of review with USCIS, we obtained approval of the I-140 petition.
- Partner Steven Brown helped a technology company that had received a Notice of Investigation from the Department of Labor’s Wage and Hour Division investigating the company’s LCA and Public Access File practices. His work ensured the company was following proper Public Access File procedures and reduced the company’s violations resulting in a significantly lower fine.
- In response to a class action lawsuit brought by Reddy & Neumann, P.C. USCIS temporarily suspended the biometrics requirement for I-539 applications for H-4, L-2, and E status. In March 2021, Reddy & Neumann, P.C., Jonathan Wasden from Wasden Law, and Jesse Bless on behalf of AILA filed Edakunni v. Mayorkas, as a result of unreasonable delays in processing of I-539 applications leading to loss of work authorization for spouses of H-1B, L-1, and E visa holders. During the pendency of the litigation, USCIS disclosed plans for suspending the collection of in-person biometrics in an effort to improve processing times. See the USCIS announcement.
- Partner Emily Neumann helped a law firm respond to a Notice of Intent to Revoke an I-140 petition filed for a Lawyer by another firm. The actual labor certification form did not indicate a requirement that the lawyer hold a license in the state of Texas. However, USCIS had obtained copies of the advertisement placed for the position in the newspaper back in 2009 and saw that the newspaper advertisement was for an attorney with a JD or LLM degree and a Texas State Lawyer’s license. It appeared that the petitioning law firm was requiring any US workers who applied for the job to have a license, but did not require the foreign attorney to have a license. This makes it look like the employer was trying to make it easier for a foreign worker to get the job and harder for US workers to qualify. In reality, the foreign attorney did have the license and was required to have a license in order to qualify for the job. The license requirement was included in all recruitment, but was left off the labor certification form. Our argument centered around the use of the job title “Lawyer.” It is well-settled that a person cannot call him or herself a “Lawyer” unless he or she possesses a license to practice law. Each state has strict requirements for a person to qualify to practice law in that state and it is unlawful for a person to practice law without a license. By using the job title “Lawyer”, the petitioning law firm intended that a license be required, even if it was not specifically stated on the labor certification form. The I-140 approval was reaffirmed.
Reddy & Neumann, P.C. Partner Steven Brown successfully sued USCIS recently for two long pending I-485 delays. Both lawsuits were filed in early December 2022 on behalf of green card applicants with current priority dates that had been waiting on adjudication since filing in October 2020. USCIS moved to adjudicate their green cards not long after litigation commenced and the plaintiffs finally received their green cards after a long wait.
- Associate Attorney Jeanetly Garcia helped an H-4 spouse who had fallen out of status when her husband’s new H-1B employer failed to include an H-4 extension application with its H-1B transfer petition. Jeanetly filed a late H-4 extension application “nunc pro tunc.” The regulations give USCIS the discretion to excuse a late filing. If a petitioner or applicant files an extension of stay or change of status request (on Forms I-129 or I-539) after the authorized period of admission expires, USCIS may excuse the failure to timely file if it was due to extraordinary circumstances beyond their control. The length of delay must be commensurate with the circumstances. The petitioner or applicant must submit credible evidence to support their request, which USCIS will evaluate in its discretion on a case-by-case basis. Jeanetly successfully argued that the spouse’s situation qualified for this relief and USCIS approved the H-4 extension, restoring her back into status.