CASE: I-485 Adjustment of Status (EB-3)

EMPLOYER: School

BENEFICIARY: Filipino Social Studies Teacher

LOCATION: Warren, MI

Our client has an employer willing to petition him for a third-preference I-140.  Our client has a Bachelor’s degree in Secondary Education, a valid Michigan Teaching license, and has worked for his employer since May 2018. Based on his education and credentials, our office determined that he is eligible for EB-3 classification for his I-140 petition. He retained us in October 2019.

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 only 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 assisted the Petitioner to file the job order on June 26, 2020.  On October 20, 2020, we filed PERM. 

On May 28, 2021, the Department of Labor issued a request for audit. The DOL requested documents from the 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 June 16, 2021.  Eventually, on August 26, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipino 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 documents. The I-140 Petition was filed on September 28, 2021 via regular processing. On June 30, 2022, the I-140 EB3 Petition for our Filipino client was approved without any Request for Evidence (RFE).

Our client decided to file his I-485 adjustment of status concurrently with the I-140 petition. Our office prepared and filed his I-485 application to the USCIS on September 28, 2021 along with the I-140 petition. On August 12, 2022, our client’s adjustment of status application was approved by the USCIS without any Request for Evidence (RFE). 

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CASE: Immigrant Visa / I-140 (EB-3 Category) 

EMPLOYER: Public School District in Mohave Valley, AZ

BENEFICIARY: Filipina Elementary School Teacher in the Philippines

LOCATION: Manila, Philippines

Our client has an employer (public school district in Mohave Valley, AZ) that was willing to petition her for a third-preference I-140.  Our client used to work for this employer as an elementary school teacher for several years on a J-1. With our office’s legal assistance, our client’s PERM Labor Certification was certified on December 23, 2020. Later, her employer filed an I-140 (EB-3 classification) petition for our client and it was approved by the USCIS on June 8, 2021. While her I-140 pending was pending, our client went back to the Philippines to fulfill her two year requirement, and we eventually started the consular processing phase for her immigrant visa. 

Our office filed the immigrant visa packets to the National Visa Center on August 3, 2021, 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 Manila. On August 12, 2022, our client appeared at the U.S. Embassy in Manila, Philippines. The interview went well, and the Embassy approved and issued her immigrant visa. 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: 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: I-485 (EB-3)

APPLICANT: Filipina High School Science Teacher

LOCATION: McIntosh, SD

Our client has an employer willing to petition her for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Chemistry, a valid South Dakota Teaching license, and has worked for her current employer since August 2016. Based on our client’s education and work background, our office determined that she is clearly eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in February 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 PW determination, our office filed the job order on May 21, 2020.  On September 1, 2020, we promptly filed PERM. Eventually, on April 19, 2021, the PERM Labor Certification was approved – an EB3 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, employee’s W-2 copy, and other necessary supporting documents.

The I-140 Petition was filed on May 11, 2021 via regular processing service. Eventually, on February 12, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE). 

Once her I-140 petition was approved, she retained our office again and we filed adjustment of status applications for her and her family members. On April 12, 2022, our office filed I-485 adjustment of status applications for our clients. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on July 28, 2022, her green card application was approved without any RFE. Her adjustment of status application was approved less than 4 months from the filing date.

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CASE: I-140 (EB-3)

EMPLOYER: Public School District

BENEFICIARY: Filipina Special Education Teacher

LOCATION: McIntosh, SD

Our client has an employer who was filling to file an I-140 Petition for her.  Our client has a Bachelor’s degree in Special Education, a valid South Dakota Teaching license, and has worked for her current employer since August 2018. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in June 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 PW determination, our office filed the job order on February 11, 2021. On June 17, 2021, we filed PERM. 

On November 16, 2021, the Department of Labor issued a request for audit. The DOL requested documents from the 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 14, 2021.   

Eventually, on March 21, 2022, the PERM Labor Certification was approved – an EB3 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, employee’s W-2 copy, and other necessary supporting documents.

The I-140 Petition was filed on April 26, 2022 via regular processing service. Eventually, on July 19, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).

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

NATIONALITY: Filipino

LOCATION: San Diego, CA

Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in September 2017.  He came with his father who entered on a J-1 Visa for his 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.

Our client turned 21 in June 2022. He wanted to file his I-485 adjustment of status application with his U.S. citizen spouse’s I-130 petition. However, because of his two-year foreign residency requirement, our client cannot adjust his status in the United States without the fulfillment of the 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. In fact, our client turned 21 in June 2022.

Our firm was retained to do his J-2 waiver, and on June 10, 2022, 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 July 12, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 19, 2022, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Carrollton, KY

Our client came to the United States from the Philippines in January 2019 with a B-1 business visitor’s visa. Since then, she has remained in the United States. She married a U.S. Citizen in November 2021. She retained our office on November 3, 2021 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 14, 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 July 14, 2022, our client was interviewed at the Louisville, Kentucky USCIS office. On July 15, 2022, our client’s green card application was approved.

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CASE: J-1 Waiver (No Objection Statement – Humanitarian)

NATIONALITY: Philippines

LOCATION: Phoenix, AZ

Our client came from the Philippines on a J-1 in August 2016 to work as a teacher. Based on her DS-2019, she was subject to the two-year foreign residency requirement. Her employer wanted to sponsor her green card and she consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, she cannot get a green card in the United States until she fulfills the requirement or obtains a waiver.

Our office told our client that she can apply for a waiver under the No Objection Statement category based on the fact of her medical hardship. Her medical condition (cancer) made her eligible for our client to pursue the NOS waiver under the humanitarian category from the Philippine Embassy. Upon retention, our office 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 March 21, 2021, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  The NOS request was also sent to the Philippines. 

On June 23, 2022, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on July 6, 2022, the USCIS issued an I-612 approval notice for the waiver.

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse in the Philippines

LOCATION: Manila, Philippines

Our client is a Filipina registered nurse who currently works in the Philippines. Her prospective employer was willing to petition for a third-preference employment immigrant visa 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 a Texas Registered Nurse 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 January 19, 2021 and we started on her Prevailing Wage Request. Her PW request was filed on January 20, 2021. 

We filed the I-140 application on June 14, 2021 via regular processing. We included the job offer letter, the notice of filing, financial ability to pay letter, and other necessary supporting documents. Eventually, on September 13, 2021, our client’s I-140 petition was approved without any Request for Evidence (RFE). 

Once his I-140 was approved, our client retained our office again for her immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on October 25, 2021, 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 Manila. On July 6, 2022, our client appeared at the U.S. Embassy in Manila, Philippines. The interview went well, and the Embassy approved and issued her immigrant visa. 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-3 I-140

EMPLOYER: School

BENEFICIARY: Filipino Social Studies Teacher

LOCATION: Mt. Clemens, MI

Our client has a current employer that was willing to petition for a third-preference I-140.  Our client has a Bachelor’s degree in Secondary Education, a valid Michigan Teaching license, and has worked for him current employer since May 2018. Based on his education and credentials, our office determined that he is eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us in October 2019.

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 only 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 assisted the Petitioner to file the job order on June 26, 2020.  On October 20, 2020, we filed PERM. 

On May 28, 2021, the Department of Labor issued a request for audit. The DOL requested documents from the 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 June 16, 2021.  On August 26, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipino 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 September 28, 2021 via regular processing service. On June 30, 2022, the I-140 EB3 Petition for our Filipino client was approved without any Request for Evidence (RFE).

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