CASE: I-130 and I-485 Marriage Based Petition and Adjustment of Status 

NATIONALITY: Filipina

LOCATION: Junction City, KS

Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in August 2017.  She came with her mother who came on a J-1 Visa for her employment in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

She turned 21 in July 2020.  She wanted to file her I-485 adjustment of status application with her U.S. citizen spouse’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot adjust her status in the United States without the fulfillment of requirement or the waiver. 

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in July 2020.

Our firm was retained to do her J-2 waiver, and on July 10, 2020, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on October 7, 2020, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On October 28, 2020, the USCIS issued an I-612 approval notice for our client’s waiver request.

Once her J-2 waiver was approved, our client retained our office again for her adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 2, 2021.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our clients through conference calls. On October 5, 2021, our client was interviewed at the Kansas City, MO USCIS office. Eventually, her green card application was approved on October 6, 2021.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Costa Rican

LOCATION: Lawrence, KS

Our client is a citizen of Costa Rica who came to the U.S. on a J-2 Visa in August 2002.  She came with her father who entered on a J-1 Visa for his research in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

She turned 21 in March 2012.  By getting a waiver, she would have the ability to be petitioned for H-1B status by her prospective employer. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without fulfilling the 2-year requirement or a waiver. 

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. 

Our firm was retained to do her J-2 waiver, and on February 24, 2021, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on June 24, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 29, 2021, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: I-140 (EB-3 Category) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse in Overland Park, KS

LOCATION: Houston, TX

Our client is Filipina registered nurse who currently resides in Overland Park, KS. Her prospective employer was willing to petition her for a third-preference employment immigrant visa petition (I-140) as a registered nurse. 

Since she is a registered nurse, she is 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 Professional Nurses is included in Schedule A.

Our client has a nursing degree and has Texas Registered Nursing License. Our firm told her that her prospective employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on May 8, 2019 and started on her Prevailing Wage Request.

We filed the I-140 application on September 26, 2019 via regular processing. We included the job offer letter, the notice of filing, and other necessary supporting documents.  On October 24, 2019, our office filed I-907 premium processing upgrade request for this petition. Without any issuance of Request for Evidence (RFE), on November 6, 2019, the I-140 was approved. Now, our client can file an adjustment of status application based on the approved I-140 petition when her priority dates become current.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Chinese

LOCATION: Overland Park, KS

Our client was a citizen of China who came to the U.S. on a J-2 Visa in June 1996.  She came with her father who came on a J-1 Visa for his research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

She turned 21 in December 2016. She would like to get a waiver because she has a U.S. citizen spouse who can file I-130 petition for her. She can file adjustment of status application along with her husband’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot adjust her status in the United States without the fulfillment of requirement or the waiver. 

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in December 2016.

Our firm was retained to do her J-2 waiver, and on August 13, 2019, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on September 10, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On September 20, 2019, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: I-485 (EB-2)

APPLICANT: Zimbabwean Director of Global Integration & Project Manager

LOCATION: Kansas

Our client has a current employer that was willing to petition his for a second-preference petition (I-140).  Our client has a Ph.D. degree in chemistry and has worked for his current employer since April 2017. Based on our client’s educational and working background, our office determined that he is clearly eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us on June 1, 2017.

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 PW determination, our office filed the job order on August 30, 2017. On November 30, 2017, we promptly filed PERM. Eventually, on April 16, 2018, the PERM Labor Certification was approved – an EB2 position for the Zimbabwean 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 May 11, 2018 via premium processing service. However, the USCIS Texas Service Center issued Request for Evidence (RFE) for the submission of the document which can demonstrate Beneficiary’s knowledge on certain software. Our client obtained the employment verification letter from his previous employer that attested our client’s use and knowledge of the software. We filed the Response to RFE to USCIS on May 29, 2018. Eventually, on June 8, 2018, the I-140 EB2 Petition for our Zimbabwean client was approved.

Once his I-140 petition was approved, he retained our office again and determined to file an adjustment of status application for him. On July 10, 2018, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference calls as well. On January 9, 2019, our client was interviewed at Wichita Kansas USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. Eventually, his I-485 application was approved by the USCIS on January 14, 2019.

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CASE: Immigrant Visa / I-140 (EB-2)

EMPLOYER: Public Schools District in Kansas

APPLICANT: Filipina Speech Language Pathologist

LOCATION: Manila, Philippines

Our client has a current employer that was willing to petition her for a third-preference petition (I-140).  Our client has a Master’s degree in speech language pathology, and a valid Kansas speech language pathologist license. Based on our client’s education and work background, our office determined that she is eligible for EB-2 classification for her I-140 petition.  Our client eventually retained us in November 2016.

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 PW determination, our office filed the job order on March 21, 2017. On July 17, 2017, we filed PERM.

However, on December 18, 2017, the Department of Labor issued a request for audit. The DOL requested documents from Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on December 28, 2017.  Eventually, on March 19, 2018, the PERM Labor Certification was approved – an EB2 position for the Filipina 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 May 14, 2018 via premium processing service. Eventually, on May 25, 2018, the I-140 EB2 Petition for our Filipina client was approved without any Request for Evidence (RFE).

After the approval of the I-140 petition, our client retained us again for her immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on September 10, 2018, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for the client at the U.S. Embassy in Philippines. On December 12, 2018, our client appeared at the U.S. Embassy in Manila, Philippines. Eventually, after the interview, the Immigrant Visa was issued for our client.

With the approved Immigrant Visa, our client can come to the United States immediately, and she will get her green card within two months of entry.

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CASE: EB-2 I-140

EMPLOYER: University

BENEFICIARY: Zimbabwean Director of Global Integration & Project Manager

LOCATION: Kansas

Our client has a current employer that was willing to petition his for a second-preference petition (I-140).  Our client has a Ph.D. degree in chemistry and has worked for his current employer since April 2017. 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 June 1, 2017.

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 PW determination, our office filed the job order on August 30, 2017. On November 30, 2017, we promptly filed PERM. Eventually, on April 16, 2018, the PERM Labor Certification was approved – an EB2 position for the Zimbabwean 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 May 11, 2018 via premium processing service. However, the USCIS Texas Service Center issued Request for Evidence (RFE) for the submission of the document which can demonstrate Beneficiary’s knowledge on certain software. Our client obtained the employment verification letter from his previous employer that attested our client’s use and knowledge of the software. We filed the Response to RFE to USCIS on May 29, 2018.

Eventually, on June 8, 2018, the I-140 EB2 Petition for our Zimbabwean client was approved. Now, he can file adjustment of status application at any time.

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CASE: I-140 (EB-2)

EMPLOYER: Public Schools District

BENEFICIARY: Filipina Speech Language Pathologist

LOCATION: Kansas

Our client has a current employer who was willing to petition her for a third-preference petition (I-140).  Our client has a master’s degree in speech language pathology, a valid Kansas speech language pathologist license, and has worked for her current employer since August 2014. Based on our client’s education and work background, our office determined that she is eligible for EB-2 classification for her I-140 petition.  Our client eventually retained us in November 2016.

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 PW determination, our office filed the job order on March 21, 2017. On July 17, 2017, we promptly filed PERM.

However, on December 18, 2017, the Department of Labor issued a request for audit. The DOL requested documents from Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on December 28, 2017.  Eventually, on March 19, 2018, the PERM Labor Certification was approved – an EB2 position for the Filipina 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 May 14, 2018 via premium processing service. Eventually, on May 25, 2018, the I-140 EB2 Petition for our Filipina client was approved without any Request for Evidence (RFE). She can file an immigrant visa via consular processing since her priority dates are current.

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CASE: PERM Labor Certification

EMPLOYER: University

BENEFICIARY: Zimbabwean Director of Global Integration & Project Manager

LOCATION: Kansas

Our client has a current employer who was willing to petition him for a second-preference petition (I-140).  Our client has a Ph.D. degree in chemistry and has worked for his current employer since April 2017. Based on our client’s education and working background, our office determined that he is clearly eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us on June 1, 2017.

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 PW determination, our office filed the job order on August 30, 2017. On November 30, 2017, we promptly filed PERM.

Eventually, on April 16, 2018, the PERM Labor Certification was approved – an EB2 position for the Zimbabwean beneficiary. Since his priority date is current, our client can file the I-140, I-485 green card application, and I-765 simultaneously.

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CASE: PERM Labor Certification

EMPLOYER: Public Schools District

BENEFICIARY: Filipina Speech Language Pathologist

LOCATION: Kansas

Our client has a current employer that was willing to petition her for a second-preference petition (I-140).  Our client has a master’s degree in speech language pathology, a valid Kansas speech language pathologist license, and has worked for her current employer since August 2014. Based on our client’s education and work background, our office determined that she is clearly eligible for EB-2 classification for her I-140 petition.  Our client eventually retained us in November 2016.

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 PW determination, our office filed the job order on March 21, 2017. On July 17, 2017, we promptly filed PERM.

However, on December 18, 2017, the Department of Labor issued a request for audit. The DOL requested documents from Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on December 28, 2017.  

Eventually, on March 19, 2018, the PERM Labor Certification was approved – an EB2 position for the Filipina beneficiary. Since her priority date is current, our client can file the I-140, I-485 green card application, and I-765 simultaneously.

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