Neurologist gets i-140 after decision reversal

Often, successfully serving a client does not simply result in victory for one person, but victory for our client’s family, friends, and the greater community of which she is a part. Our Filipino client was an extremely accomplished neurologist who made consistent and crucial contributions toward her respective field of medicine. Due to her competence as a physician, a leading specialty medical service was focused on hiring her to treat patients with neurological disorders, including Parkinson’s disease and epilepsy. After reviewing the I-140 Immigrant Petition, the Nebraska Service Center denied the petition, citing that the specialty medical service was unable to pay the proffered wages for 2002, 2003, 2004, and 2005. The Nebraska Service Center based its denial solely on U.S. Corporation Income Tax Returns, failing to consider the company’s personal service corporation status, which if properly taken into consideration, would have enabled the petition to be approved.

Our attorney along with one of our senior paralegals immediately recognized the Service Center’s oversight in that the Service Center based its decision narrowly on the company’s net income and net assets alone without appraising the submitted evidence in its entirety. After reinforcing evidence, enumerating tax code, and further clarifying our client’s tax status, we filed an appeal, including an appraisal of the applicable federal tax code, illustrating the financial security, consistent financial growth, and the economic and medical influence our client maintains in the community. Based on our hard work, knowledge of legal precedents, and experience serving corporate clients, the Administrative Appeals Office reversed the Service Center’s previous decision to deny the I-140 Immigrant Petition. Our Filipino client was hired by the leading medical services company and provided the opportunity to make invaluable contributions toward medical advancement. This case clearly illustrates the challenges of complexity, but more importantly, undoubtedly highlights the importance our commitment to our clients maintains. Our success affects those well beyond the walls of offices and courtrooms and far into the community of which we are dedicated to serve. This was not a victory for one, but a victory for all.