CASE: H-1B Visa Petition

PETITIONER: School District in Forrest City, AR

BENEFICIARY: Filipina High School Science Teacher

ISSUES: Cap-Exempt, Nonprofit Organization Affiliated with an Institution of Higher Education

Our client is a public school district affiliated with several institutions of higher education. They contacted our office in May 2022 to seek legal assistance from our office for their foreign employee. The beneficiary is a High School Science Teacher from the Philippines who has been working for this employer for the last several years under J-1 status. Her J-1 visa was not subject to the 2 year foreign residency requirement. 

The proffered position for the Beneficiary is a High School Science Teacher. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Education or its equivalent.

In the first week of April, the numerical cap of H-1B visas for fiscal year 2023 was already reached. However, our client is qualified for cap-exempt petitions since it is a non-profit organization affiliated with an Institution of Higher Education as defined in 8 C.F.R. 214.2(h)(19)(iii)(B). 

Upon retention, our office filed the H-1B visa petition with various supporting documents on June 28, 2022, via premium processing. On July 12, 2022, the USCIS California Service Center issued a Request for Evidence (RFE) and requested our client to submit additional documents to prove that the Petitioner is a non-profit organization affiliated with an Institution of Higher Education. Our office filed Response to RFE on July 19, 2022. Eventually, our client’s H-1B application was approved on August 2, 2022. She can now work for her employer for three years on an H-1B status.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipino                                                                       

LOCATION: Stuttgart, AR

Our client is from the Philippines who came to the U.S. on an H-1B visa. In September 2021, our client married his current U.S. citizen spouse. He retained our office on December 7, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 23, 2021.  Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On April 28, 2022, our client was interviewed at the Memphis, TN USCIS office. On April 29, 2022, his green card application was approved.

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CASE: H-1B Visa Petition

PETITIONER: School District in Forrest City, AR

BENEFICIARY: Filipina High School Math Teacher

ISSUES: Cap-Exempt, Nonprofit Organization Affiliated with an Institution of Higher Education

Our client is a public school district affiliated with several institutions of higher education. They contacted our office in August 2021 to seek legal assistance from our office for their foreign employee. The beneficiary is a High School Math Teacher from the Philippines who has been working for this employer for the last several years under a J-1 status. Her J-1 visa was not subject to the 2 year foreign residency requirement. 

The proffered position for the Beneficiary is a High School Math Teacher. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Education or its equivalent.

In the first week of April, the numerical cap of H-1B visas for fiscal year 2022 was already reached. However, we argued that our client is qualified for cap-exempt petitions since they are a non-profit organization affiliated with an Institution of Higher Education as defined in 8 C.F.R. 214.2(h)(19)(iii)(B). 

Once retained, our office filed the H-1B visa petition with various supporting documents on September 24, 2021 via premium processing. Eventually, our client’s H-1B application was approved on October 7, 2021 without any RFE.  She can now work for her employer for three years on an H-1B status.

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CASE: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement 

NATIONALITY: Indonesian                                                                                                     

LOCATION: Van Buren, AR

Our client is from Indonesia who came to the U.S. on a J-1 Visa in February 2001.  He came to the U.S. for work training, but his J-1 program is subject to the two-year foreign resident requirement.  After his J-1 program was completed, he remained in the United States. In October 2019, our client married his U.S. Citizen wife. He is eligible to get a green card through his marriage to a U.S. citizen; however, before we file his I-130/I-485 application simultaneously, he has to get a waiver of his two-year foreign residency requirement. In order to get a waiver of his two-year foreign residency requirement, he consulted with our office and later decided to retain our office on November 6, 2019. 

Once retained, our office promptly prepared for filing a waiver request through a No Objection Statement (NOS) from the Indonesian Embassy in the United States.  Our office and our client promptly contacted the Indonesian Embassy in Washington D.C. to pursue the waiver for our client.  The Embassy requested nine different documents including a statement of reason for the waiver, the applicant’s resume, a copy of valid Indonesian passport, and a copy of Form DS-3035 application.  

On November 19, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Indonesian Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to file marriage based adjustment of status. 

The Indonesian Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On January 8, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS has receipted the fee and issued an I-612 approval notice for our client’s waiver of two-year foreign residency program on February 26, 2020.  Now, our client can file his adjustment of status application along with I-130 petition.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Little Rock, AR

Our client came to the United States as an H-1B visa holder to teach in the U.S. in 2007. Her H-1B status reached the maximum 6 years, but her current employer accepted her for a teaching position on a J-1 status. She changed status from H-1B to J-1 and her current employer was willing to file an I-140 employment petition for her permanent residency. However, if someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver. Her J-1 is subject to the two-year foreign residency requirement. It is much harder to obtain a no objection statement from the Philippines if you don’t have a US Citizen spouse or child, but we thought there was enough factors in her case to warrant a waiver.

Upon retention, our office promptly prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On December 4, 2015, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Arkansas State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippines Government) were sent to the Philippines Consulate General in Chicago for further authentication.  On January 21, 2016, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on April 10, 2017, the USCIS issued an I-612 approval notice for the waiver.

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