CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Beachwood, OH

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. He is in the United States as a F-2 visa holder and is an outstanding financial specialist with proved achievement in financing, investment, and derivatives. He also did a Master’s program in Financial Mathematics in the United States. Our client is a highly regarded international financial specialist who is more than capable of providing top-notch financial services to the US and international companies in the field of cross-border finance business.

Upon review of his credentials and qualifications, our office determined that he was qualified for the National Interest Waiver (NIW) category. Being qualified for NIW is beneficial since you would not need an employer nor family member to petition for you for green card purposes. You’d be eligible for a self-petition and unless you are from China or India, in which case you’d still have to wait for priority dates to be current, you would be eligible to apply for adjustment of status (green card) immediately without any lag in priority dates.

As a primer, NIW applicants must have a master’s or higher degree. While we prepared his case, the AAO set the new standards for NIW cases in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Under the new standard, the petitioner must demonstrate that the foreign national’s proposed endeavor has both substantial merit and national importance. Next, it must be shown that he or she is well positioned to advance the proposed endeavor. Finally, the petitioner seeking the waiver needs to demonstrate that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Id. 

Our office concluded that our client’s professional work is of substantial merit. Given that he has a plan to provide such services to US companies and multinational companies expanding business in the United Sates, his work will have merits on providing solutions and customized financial products to US companies financing funds at cheap cost in international financial markets, stimulating multinational companies producing products in the United Sates; and therefore, stimulating corporations to create jobs in the United States.

Our office prepared a 31-page brief for our client’s NIW filing. Our client also obtained 10 letters of recommendation from his colleagues and internationally-recognized finance professionals. Our office also included his work experience records, business plan, issuance reporting documents, and other materials in the NIW application. We demonstrated that our client is one of the few financial specialists who have made significant and substantial contributions to his field of endeavor, that he is well positioned to advance the proposed endeavor, and it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification for our client. 

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on August 12, 2021. Eventually, on August 2, 2022, the USCIS approved his I-140 petition without any Request for Evidence (RFE).

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CASE: I-485 Adjustment of Status based on approved EB-2 I-140 petition

EMPLOYER: Cosmetic Products Manufacturer

BENEFICIARY: Korean Cosmetic Product Plant Manager

LOCATION: Solon, OH

Our client is currently working as a Cosmetic Product Plant Manager and his employer was willing to petition for a second-preference I-140.  Our client has a Bachelor’s of Science Degree and has more than 5 years of experience as a Production Director. After talking to our client, our firm concluded that his employer can petition him as a Cosmetic Product Plant Manager. Second preference petitions for Koreans are current, which means that if a PERM Labor Certification for a second preference position gets approved, the I-140 and I-485 could be filed simultaneously. Based on our client’s education and work background, our office determined that he is eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us on August 24, 2020.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the foreign degree evaluation report, our office filed the job order on February 11, 2021.  On April 19, 2021, we promptly filed PERM.  Eventually, on August 31, 2021, the PERM Labor Certification was approved – an EB2 position for the Korean beneficiary. 

We then proceeded with the I-140 Petition. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s tax records, and other necessary supporting documents. The I-140 Petition was filed on September 7, 2021 via premium processing service. Eventually, on September 20, 2021, the I-140 EB2 Petition for our Korean client was approved without any Request for Evidence (RFE). 

Once his I-140 petition was approved, he retained our office again for theadjustment of status application. On October 14, 2021, our office filed I-485 adjustment of status applications. 

Prior to the interview, we thoroughly prepared our client via conference calls. On June 21, 2022, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, his I-485 application was approved by the USCIS on the same day of the interview.

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CASE: I-485 / National Interest Waiver

CLIENT: Korean

LOCATION: College Park, MD

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. He is a researcher from South Korea and he is exceptional in the field of Condensed Matter Physics. 

Our client’s significant contributions have placed him at the pinnacle of his field. He is capable of many experimental measurement techniques such as electrical transport, thermal transport, low temperature physics, etc., and he is capable of device fabrication and computational simulations using finite element analysis. Because of his innovative research, our client’s research work were highly evaluated by reviewers of various journals and by colleagues and experts in the field.

Upon review of his credentials and qualifications, our office determined that he was qualified for the National Interest Waiver (NIW) category. Being qualified for NIW is beneficial since you would not need an employer nor family member to petition for you for green card purposes. You’d be eligible for a self-petition and unless you are from China or India, in which case you’d still have to wait for priority dates to be current, you would be eligible to apply for adjustment of status (green card) immediately without any lag in priority dates.

As a primer, NIW applicants must have a master’s or higher degree. While we prepared his case, the AAO set the new standards for NIW cases in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Under the new standard, the petitioner must demonstrate that the foreign national’s proposed endeavor has both substantial merit and national importance. Next, it must be shown that he or she is well positioned to advance the proposed endeavor. Finally, the petitioner seeking the waiver needs to demonstrate that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Id. 

Our office prepared a 24-page brief for our client’s NIW filing. Our client also obtained 6 letters of recommendation from his colleagues and internationally-recognized researchers. Our office also included his publication records, presentation records, and conference materials in the NIW application. We demonstrated that our client is one of the few elite researchers who have made significant and substantial contributions to his field of endeavor, that he is well positioned to advance the proposed endeavor, and it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification for our client. 

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on October 5, 2021. Eventually, on March 15, 2022, the USCIS approved his I-140 petition without any Requests for Evidence. While his I-140 NIW petition was pending with the USCIS, he decided to file his I-485 adjustment of status to the USCIS. Our office prepared and filed his I-485 application to the USCIS on January 24, 2022. On May 18, 2022, our client’s adjustment of status applications was approved by the USCIS without any Request for Evidence (RFE). 

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CASE: I-485/ National Interest Waiver

CLIENT: Korean

LOCATION: Cleveland, OH

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. He is a researcher from South Korea in the field of Biomedical Engineering. 

Our client’s significant contributions have placed him at the pinnacle of his field. Our client’s research include advanced medical image processing, machine/deep learning techniques, and its medical applications. Throughout his career, he has made important and innovative contributions to the field of biomedical engineering and his research successfully demonstrated in various cardiovascular imaging modalities, such as echocardiogram, intravascular ultrasound (IVUS), and intravascular optical coherence tomogram (IVOCT). Because of his innovative research, our client’s works were highly evaluated by reviewers of various journals and by colleagues and experts in the field.

Upon review of his credentials and qualifications, our office determined that he was qualified for the National Interest Waiver (NIW) category. Being qualified for NIW is beneficial since you would not need an employer nor family member to petition for you for green card purposes. You’d be eligible for a self-petition and unless you are from China or India, in which case you’d still have to wait for priority dates to be current, you would be eligible to apply for adjustment of status (green card) immediately without any lag in priority dates.

As a primer, NIW applicants must have a master’s or higher degree. While we prepared his case, the AAO set the new standards for NIW cases in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Under the new standard, the petitioner must demonstrate that the foreign national’s proposed endeavor has both substantial merit and national importance. Next, it must be shown that he or she is well positioned to advance the proposed endeavor. Finally, the petitioner seeking the waiver needs to demonstrate that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Id. 

Our office prepared a 26-page brief for our client’s NIW filing. Our client also obtained 7 letters of recommendation from his colleagues and internationally-recognized researchers. Our office also included his publication record, presentation record, and conference materials in the NIW application. We demonstrated that our client is one of the few elite researchers who have made significant and substantial contributions to his field of endeavor, that he is well positioned to advance the proposed endeavor, and it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification for our client. 

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on December 29, 2020. On March 3, 2022, the USCIS approved his I-140 petition without any Request for Evidence.  

When we filed his I-140, he concurrently filed his I-485 adjustment of status application. Eventually, on May 17, 2022, our client and his immediate family members’ adjustment of status applications were approved by the USCIS without any Request for Evidence (RFE).  

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CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Physician’s Office

BENEFICIARY: Taiwanese Nurse Practitioner

LOCATION: New York, NY

Our client is a certified nurse practitioner. Her prospective employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a certified nurse practitioner, she was eligible for “Schedule A” classification.

The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without first going to the DOL for a labor certification. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. The position of Nurse Practitioner is included in Schedule A.

Our client has a Bachelors and Masters degree in nursing and is a certified Nurse Practitioner. Our office was retained on August 27, 2021 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on March 15, 2022 via premium processing. We included the job offer letter, the notice of filing, employment letter, and other necessary supporting documents.

In our cover brief, we included the “ability to pay” argument and why nurse practitioners must fall under the Schedule A designation. However, the USCIS issued a Request for Evidence (RFE) for our client’s notice of job filing. Our office filed a response to RFE on March 31, 2022.  Eventually, on April 12, 2022, the USCIS Nebraska Service Center approved her EB-2 I-140 petition. Since the priority date for Taiwanese nationals are current for the EB-2 category, she is eligible to file her adjustment of status application now.

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CASE: I-485 / EB-2 I-140  
APPLICANT: Korean Dentist in Cleveland, OH

Our client is from South Korea, who is currently working in the United States as an associate dentist on H-1B status. Her current employer was willing to do an immigration petition for her, second-preference. Our client has a Doctor of Dental Medicine degree in the United States. Based on our client’s education and work background, our office determined that she is eligible for EB-2 classification. 

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On December 6, 2019, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on March 30, 2020.  On June 4, 2020, we filed PERM.  On December 3, 2020, the PERM Labor Certification was approved – an EB2 position for the Korean beneficiary. 

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on December 28, 2020 via regular processing service. We also filed her I-485 adjustment of status application simultaneously since her priority date was current. On April 9, 2021, our office filed a premium processing upgrade request to the USCIS upon our client’s request. On April 21, 2021, the I-140 EB2 Petition for our Korean client was approved without any Request for Evidence (RFE). On March 24, 2022, her I-485 adjustment of status application was approved without any Request for Evidence (RFE).

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CASE: I-485 Adjustment of Status    
APPLICANT: Canadian Dentist in Cleveland, OH

Our client is from Canada, who is currently working in the United States as an associate dentist on an H-1B status. His current employer was willing to do an immigration petition for him, second-preference. Our client has a Doctor of Dental Medicine degree in the United States. After talking to our client, our firm concluded that his employer can petition him as an associate dentist. Based on our client’s education and work background, our office determined that he is clearly eligible for EB-2 classification. 

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On December 10, 2019, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on April 1, 2020.  On June 8, 2020, we promptly filed PERM.  Eventually, on December 16, 2020, the PERM Labor Certification was approved – an EB2 position for the Canadian beneficiary. 

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on January 14, 2021 via regular processing service. We also filed his I-485 adjustment of status application simultaneously since his priority date was current. On April 14, 2021, our office filed a premium processing upgrade request to the USCIS upon our client’s request. On April 26, 2021, the I-140 EB2 Petition for our Canadian client was approved. Eventually, on March 14, 2022, his I-485 adjustment of status application was approved without any Request for Evidence (RFE). 

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CASE: I-485 based on Approved I-140 (EB-2)

 APPLICANT: Chinese

 LOCATION: Solon, OH

Our client is an assistant professor from China, who is currently teaching at a state university which was willing to petition for a second-preference I-140.  Our client has a Ph.D. degree and has worked for this school since July 2017. He has maintained his status as an H-1B visa holder in the United States.  He had an approved I-140 petition which was filed by his current employer and this I-140 petition’s priority date was May 17, 2018.

In August 2021, he contacted our office and retained us for his I-485 adjustment of status application once his priority date became current. Our office filed the I-485 adjustment of status application for our client on September 24, 2021. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on February 28, 2022, he and his wife’s green card applications were approved.

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CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Cleveland, OH

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. He is a researcher from South Korea and he is an exceptional researcher and scientist in the field of Biomedical Engineering. 

Our client’s significant contributions have placed him at the pinnacle of his field. Our client’s research include advanced medical image processing, machine/deep learning techniques, and its medical applications. Throughout his research career, he has made important and innovative contributions to the field of biomedical engineering and his research successfully influenced various cardiovascular imaging modalities, such as echocardiogram, intravascular ultrasound (IVUS), and intravascular optical coherence tomogram (IVOCT). Because of his innovative research, our client’s works were highly evaluated by reviewers of various journals and by colleagues and experts in the field.

Upon review of his credentials and qualifications, our office determined that he was qualified for the National Interest Waiver (NIW) category. Being qualified for NIW is beneficial since you would not need an employer nor family member to petition for you for green card purposes. You’d be eligible for a self-petition and unless you are from China or India, in which case you’d still have to wait for priority dates to be current, you would be eligible to apply for adjustment of status (green card) immediately without any lag in priority dates.

As a primer, NIW applicants must have a master’s or higher degree. While we prepared his case, the AAO set the new standards for NIW cases in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Under the new standard, the petitioner must demonstrate that the foreign national’s proposed endeavor has both substantial merit and national importance. Next, it must be shown that he or she is well positioned to advance the proposed endeavor. Finally, the petitioner seeking the waiver needs to demonstrate that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Id. 

Our office prepared a 26-page brief for our client’s NIW filing. Our client also obtained 7 letters of recommendation from his colleagues and internationally-recognized researchers. Our office also included his publication record, presentation record, and conference materials in the NIW application. We demonstrated that our client is one of the few elite researchers who have made significant and substantial contributions to his field of endeavor, that he is well positioned to advance the proposed endeavor, and it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification for our client. 

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on December 29, 2020. On March 3, 2022, the USCIS approved his I-140 petition without any Requests for Evidence.  When we filed his I-140, he concurrently filed his I-485 adjustment of status application. His adjustment of status application will be approved soon as well.

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CASE: I-485 based on Approved I-140 (EB-2)

 APPLICANT: Korean

 LOCATION: Erie, PA

Our client is an assistant professor from South Korea, who is currently teaching at a state university willing to do an I-140 Petition for her. Our client has a Ph.D. degree and has worked for this school since January 2021. She has maintained her status as an H-1B visa holder in the United States.  She had an approved I-140 petition which was filed by her current employer and this I-140 petition’s priority date was February 26, 2021.

In September 2021, she contacted our office and retained us for her I-485 adjustment of status application. Our office filed the I-485 adjustment of status application on October 25, 2021. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on January 29, 2022, her green card application was approved without any RFE or interview.

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