CASE: Marriage-Based Adjustment of Status

NATIONALITY: Malaysian                                                                                            

LOCATION: Lincoln, NE 

Our client is a citizen of Malaysia who came to the U.S. on a J-2 Visa in 1990.  She came with her step-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.

After our client came to the United States, she has remained here. She completed her secondary schools and pursued her graduate program in the United States as well. 

He turned 21 in 1997. Nonetheless, she did not know of the waiver process, and just stayed in the United States without any legal status.

Our client married her current U.S. citizen husband in August 2015. She would like to get a waiver because she can get a green card based on her U.S. citizen 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 1997.

Our firm was retained to do her J-2 waiver in August 2016. On August 5, 2016, 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 August 26, 2016, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On November 4, 2016, the USCIS issued an I-612 approval notice for our client’s waiver request.

In March 2021, she contacted our office for her adjustment of status application process based on the approved I-130 petition. She retained our office on March 30, 2021 for her green card application.  Our firm prepared and filed the I-485 Adjustment of Status Application on April 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 at via conference calls. On March 18, 2022, our client was interviewed at the Omaha, NE USCIS office. Eventually, on the same day of the interview, her green card application was approved.

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CASE: I-485 Adjustment of Status / Schedule A 

APPLICANT: Nepalese Registered Nurse

LOCATION: Lincoln, NE

Our client is a registered nurse from Nepal licensed in the state of Nebraska. She came to the United States and currently works in the United States with her TPS status.  Her current employer was willing to petition her for a third-preference employment immigrant visa petition (I-140). 

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 worked for the sponsor-employer. Our firm told her that her employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on April 12, 2018 and started on her Prevailing Wage Request.

We filed the I-140 application on July 31, 2018 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents.  However, the USCIS issued Request for Evidence on August 8, 2018 and requested our client to submit the Petitioner’s financial record to show ability to pay the proffered wage for our client. We filed the Response to RFE on August 21, 2018 and eventually, on September 1, 2018, the I-140 was approved. 

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her and her husband. On October 15, 2018, our office filed an I-485 adjustment of status application for our client and her husband. 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 August 8, 2019, our client was interviewed at Omaha Nebraska USCIS office. Though their interview went well, the visa numbers were not available for their cases in August and September of 2019. Nevertheless, on October 30, 2019, their I-485 applications were approved by the USCIS. 

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

NATIONALITY: Turkish                                                                                                        

LOCATION: Lincoln, NE

Our client is from Turkey who came to the U.S. on a J-1 Visa in August 2017 to work as a researcher. She became a tenured track professor and her school would like to petition her H-1B visa and green card application. However, she will not be able to adjust her status unless she gets a waiver for the 2-year foreign residency program.  

She retained our office on March 20, 2019. Thereafter, our office promptly prepared for filing a waiver request through a No Objection Statement (NOS) from the Turkish Embassy in the United States. Every country’s Embassy maintains different procedures and policies with regard to the J-1 No Objection Statement waiver.  Our office promptly contacted the Turkish Embassy in D.C. to pursue the waiver for our client.  The Embassy requested several documents including a statement of reason for the waiver and Turkish National ID.

On April 4, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Turkish Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client will be a beneficiary of H-1B and green card application. 

Eventually, the Turkish Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On June 4, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On June 21, 2019, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement. 

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Nepalese

LOCATION: Lincoln, NE

Our client is a registered nurse from Nepal licensed in the state of Nebraska. She came to the United States and currently works in the United States on her TPS status.  Her current employer was willing to petition her for a third-preference employment immigrant visa petition (I-140).

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 worked for the sponsor-employer. Our firm told her that her employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on April 12, 2018 and started on her Prevailing Wage Request.

We filed the I-140 application on July 31, 2018 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents.  However, the USCIS issued Request for Evidence on August 8, 2018 and requested our client to submit the Petitioner’s financial record to show ability to pay the proffered wage for our client. We filed the Response to RFE on August 21, 2018 and eventually, on September 1, 2018, the I-140 was approved.

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CASE: I-140 (Derivative Beneficiary) and Adjustment of Status

CLIENT: Nepalese

LOCATION: Omaha, Nebraska

Our client retained us to apply for her green card application. Our client was born and raised in Nepal. Her husband became the beneficiary of an approved EB-2 I-140 petition from his employer and got his green card in May 2017 through our firm’s legal assistance. She married her husband in September 2016 while her husband’s green card application was pending.  Thus, she was qualified as a derivative applicant. She retained our office in October 2016.

Once retained, our firm prepared and filed the Adjustment of Status Application on October 3, 2016 for our client.  Everything went smoothly and the receipt notices, fingerprint appointment, and a work permit all came on time. However, on April 7, 2017, the USCIS issued Request for Evidence for our client and requested her to submit documents regarding her maintenance of status in the U.S. and documentations regarding bona fide nature of her marriage to her husband. On April 17, 2017, our office filed the Response for RFE to USCIS. In June 2017, the USCIS schedule our client’s adjustment of status interview at Omaha USCIS Field Office.

Prior to the interview, we thoroughly prepared our client through conference calls.  On July 26, 2017, our client was interviewed at the Omaha USCIS Field office in Nebraska. Nevertheless, her case was remained pending until May of this year. Finally, the USCIS issued another Request for Evidence (RFE) and requested our client to submit the updated medical record (I-693). Our client submitted the updated I-693 to USCIS promptly. Eventually, on June 25, 2018, her green card application was approved.

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CASE: I-485 Adjustment of Status Based on Approved I-140 (EB-2)
EMPLOYER: Sales Leads Provider in Omaha Nebraska
BENEFICIARY: Nepali Senior Software Developer – Web Application

Our client is from Nepal, who is currently working in the United States as a Senior Software Developer under F-1 (OPT) status. His current employer was willing to do an immigration petition for him, second-preference. Our client has a Master of Management Information Systems degree in the United States. After talking to our client, our firm concluded that his employer can petition him as a Senior Software Developer – Web Application. Based on our client’s educational, professional 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 September 29, 2015, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on December 11, 2015.  On March 9, 2016, we promptly filed PERM.  Eventually, on June 23, 2016, the PERM Labor Certification was approved – an EB2 position for the Nepali 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 July 26, 2016 via premium processing service. Eventually, on August 8, 2016, the I-140 EB2 Petition for our Nepalese client was approved without any Request for Evidence (RFE).

When we filed his I-140, our office concurrently filed an I-485 adjustment of status application for his green card. However, on March 29, 2017, the USCIS issued Request for Evidence (RFE) and asked our client to submit the document to demonstrate his authorized employment. Our office filed Response to RFE immediately.  Eventually, on May 3, 2017, his I-485 adjustment of status application was approved by the USCIS. Now, our client is a green card holder.

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CASE: I-485 Adjustment of Status Based on Approved I-140 (EB-2)
EMPLOYER: Sales Leads Provider in Omaha Nebraska
BENEFICIARY: Nepali Senior Software Developer – Web Application

Our client is from Nepal, who is currently working in the United States as a Senior Software Developer under F-1 (OPT) status. His current employer was willing to do an immigration petition for her, second-preference. Our client has a Master of Management Information Systems degree in the United States. After talking to our client, our firm concluded that his employer can petition him as a Senior Software Developer – Web Application. Based on our client’s educational, professional and working backgrounds, 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 September 16, 2015, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on December 10, 2015.  On March 8, 2016, we promptly filed PERM.  Eventually, on June 22, 2016, the PERM Labor Certification was approved – an EB2 position for the Nepali 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 July 26, 2016 via premium processing service. Eventually, on August 6, 2016, the I-140 EB2 Petition for our Nepalese client was approved without any Request for Evidence (RFE).

When we filed his I-140, our office concurrently filed an I-485 adjustment of status application for his green card. Eventually, on January 30, 2017, his I-485 adjustment of status application was approved by the USCIS without any RFE. Now, our client is a green card holder.

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

NATIONALITY: Malaysian

LOCATION: Lincoln, NE

Our client is a citizen of Malaysia who came to the U.S. on a J-2 Visa in 1990.  She came with her step-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.

After our client came to the United States, she remained here beyond the expiration of her authorized period of stay. She completed her secondary schools and pursued her graduate program in the United States as well.

He turned 21 in 1997. Nonetheless, she did not know of the waiver process, and just stayed in the United States without any legal status.

Our client married her current U.S. citizen husband in August 2015. She would like to get a waiver because she can get a green card based on her U.S. citizen husband’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot change 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 1997.

Our firm was retained to do her J-2 waiver in August 2016. On August 5, 2016, 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 August 26, 2016, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On November 4, 2016, the USCIS issued an I-612 approval notice for our client’s waiver request.

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

APPLICANT: Nepali Computer Systems Analyst

LOCATION: Omaha, NE

Our client is a computer systems analyst from Nepal, who is currently working at a data marketing company in Omaha, Nebraska who was willing to do an immigration petition him for a second-preference petition (I-140 EB-2).  Our client has a Master of Science degree in Computer Science and has worked for this company since January 2013. He has maintained his status as an H-1B visa holder in the United States.  After talking to our client, our firm concluded that his employer can petition him as a Computer Systems Analyst II. Based on our client’s educational, professional and working background, our office determined that he is clearly eligible for the EB-2 classification for his I-140 petition.

Prior to filing PERM labor certification, 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 Labor Certification application could be filed at least 60 days from the job posting date or 30 days from the last ad. Once retained, our office filed the prevailing wage request in December 2014.  On May 26, 2015, we filed the PERM labor certification application.  Eventually, on November 19, 2015, less than 6 months from filing, the PERM labor certification was approved – an EB2 position for the Nepali Computer Systems Analyst.

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 March 1, 2016 via premium processing service. Eventually, on March 11, 2016, the I-140 EB2 Petition for our Nepalese client was approved without any Request for Evidence (RFE).

Once the I-140 petition was approved, our client retained our office again for his I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client and his wife on April 4, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on October 13, 2016, the USCIS Nebraska Service Center approved our client and his wife’s adjustment of status application. Now, he finally is a green card holder.

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CASE: PERM Labor Certification    
EMPLOYER: Sales Leads Provider in Omaha Nebraska
BENEFICIARY: Nepali Senior Software Developer – Web Application

Our client is from Nepal, who is currently working in the United States as a Senior Software Developer under an F-1 (OPT) status. His current employer was willing to do an immigration petition for him, second-preference. Our client has a Master of Management Information Systems degree in the United States. After talking to our client, our firm concluded that his employer can petition him as a Senior Software Developer – Web Application. Based on our client’s education, professional 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 September 29, 2015, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on December 11, 2015.  On March 9, 2016, we promptly filed PERM.  Eventually, on June 23, 2016, the PERM Labor Certification was approved – an EB2 position for the Nepali 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 July 26, 2016 via premium processing service. Eventually, on August 8, 2016, the I-140 EB2 Petition for our Nepalese client was approved without any Request for Evidence (RFE). When we filed his I-140, our office concurrently filed an I-485 adjustment of status application for his green card. His green card will be approved once his priority dates are current.

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