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

EMPLOYER: Health Service Ambulatory Facility

BENEFICIARY: Filipina Nurse Manager

LOCATION: Saipan, Northern Mariana Islands

Our client is a Filipina nurse manger and her current employer-sponsor was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she has a registered nurse license and the proffered position for her is a nurse manager at the nursing care facility, the petitioner wanted to try going for a “Schedule A” classification. They also wanted to do EB2 (requiring at least a Masters degree or Bachelors degree + 5 yrs experience).

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 having to file a Labor Certification with the Department of Labor. 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. We argued that the position of Health Services Manager should be classified under Schedule A. We argued that it falls under the broad spectrum of “professional nurse” occupations. We also argued that the job description has excerpts that fall under “professional nurse” and that the description justifies the requirements also of Bachelor’s degree in nursing and five years of related experiences.

Our client has a bachelor’s degree in nursing and more than 5 years of experience as a staff nurse. She also has a registered nursing license in Northern Mariana Islands. Our office was retained and we started on the Prevailing Wage Determination filing and other related matters.

Once the prevailing wage was determined, we filed the I-140 application on October 18, 2017 via regular processing. We included a 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 the nurse manager position falls under a Schedule A and EB2 designation.

However, on May 14, 2018, the USCIS issued Request for Evidence (RFE) and requested Petitioner’s most recent tax records to prove its “ability to pay.” Our office filed the Response to RFE on June 7, 2018.

Eventually, on June 26, 2016, the USCIS Texas Service Center approved her EB-2 I-140 petition. Now, with the approved EB-2 I-140 petition (priority date for EB2 Philippines nationals is current), she can file her adjustment of status application.

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CASE: PERM Labor Certification    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Indian Endodontist

Our client is from India, who is currently working in the United States as an associate endodontist under her OPT. Her current employer is willing to do an immigration petition for her, second-preference. Our client has a dentistry degree in India which is evaluated as an equivalent degree of Doctor of Dental Surgery degree the United States. She also has a license to practice dentistry in the state of Ohio and has 2 years of residency training in endodontics.  After talking to our client, our firm concluded that her employer can petition her as an associate endodontist. Based on our client’s educational, professional and working backgrounds, our office determined that she 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 August 23, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on November 1, 2017. On February 6, 2018, we promptly filed PERM. Eventually, on June 11, 2018, the PERM Labor Certification was approved – an EB2 position for the Indian beneficiary. Now our client can file the I-140 petition.

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

APPLICANT: Korean

LOCATION: Ohio

Our client is an assistant professor from South Korea, who is currently teaching at a state university which was willing to petition her for a second-preference petition (I-140).  Our client has a Ph.D. degree and has worked for this school since 2015. 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 July 12, 2016.

In August 2017, she contacted our office and retained us for her I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on October 6, 2017. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference call as well. On June 11, 2018, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. Eventually, on June 12, 2018, her green card application was approved.

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CASE: I-485 Adjustment of Status / I-140 (EB-2)
CLIENT: Korean Associate Dentist

Our client is from South Korea, who is currently working in the United States as an associate dentist under 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. After talking to our client, our firm concluded that her employer can petition her as an associate dentist. Based on our client’s education and work background, our office determined that she 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 February 10, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on May 16, 2017. On August 4, 2017, we promptly filed PERM. Eventually, on December 21, 2017, 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 January 11, 2018 via premium processing service. Eventually, on January 22, 2018, the I-140 EB-2 Petition for our Korean client was approved without any Request for Evidence (RFE).

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her. On February 9, 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 call as well. On June 18, 2018, our client was interviewed at Cleveland Ohio USCIS office. Attorney JP Sarmiento from our office also accompanied our client as well. Eventually, on June 19, 2018, her green card application was approved.

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CASE: I-485 (Adjustment of Status) /  I-140 (EB-2 Category) / Schedule A

EMPLOYER: Physician’s Office

BENEFICIARY: Kenyan Nurse Practitioner

LOCATION: Houston, TX

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 February 23, 2017 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on July 7, 2017 via regular 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.  On February 27, 2018, without any Request for Evidence (RFE), the USCIS Texas Service Center approved her EB-2 I-140 petition.

When we filed her I-140, she concurrently filed her I-485 adjustment of status application. 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. On June 18, 2018, our client was interviewed at Houston Texas USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client. The interview went well, and on the same day of the interview, her green card application was approved.

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CASE: EB-2 I-140    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Egyptian Periodontist

Our client is from Egypt, who is currently working in the United States as an associate periodontist under his OPT. His current employer was willing to do an immigration petition for him, second-preference. Our client has a dentistry degree in Egypt which was evaluated as an equivalent degree of Doctor of Dental Medicine degree the United States. He also has a license to practice dentistry in the state of Ohio and has 3 years of residency training in periodontics.  After talking to our client, our firm concluded that his employer can petition him as an associate periodontist. Based on our client’s education and working background, our office determined that he 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 August 18, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on November 1, 2017. On January 16, 2018, we promptly filed PERM. Eventually, on May 18, 2018, the PERM Labor Certification was approved – an EB2 position for the Egyptian 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 June 1, 2018, via premium processing service. Eventually, on June 8, 2018, the I-140 EB-2 Petition for our Egyptian client was approved without any Request for Evidence (RFE). When we filed his I-140, he concurrently filed his I-485 adjustment of status application. His adjustment of status application will likely be approved as well.

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CASE: I-485 / National Interest Waiver

CLIENT: Korean

LOCATION: Columbus, OH

Our client contacted us in October 2016 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 plant developmental biology research.

Our client’s significant contributions have placed him at the pinnacle of his field. He has pioneered the study of leaf and flower development and provided novel insights into the molecular mechanisms underlying floral transition from vegetative cells. Specifically, our client characterized bona fide regulators of cell proliferation of aerial lateral organs and floral transition. Because of his innovative experimental research, our client’s research works were highly evaluated by the 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 definitely 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 21-page brief for our client’s NIW filing. Our client also obtained 9 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. His NIW application contained 34 exhibits (Exhibit A to HH).

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on June 1, 2017. Eventually, on March 6, 2018, 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. 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. On June 12, 2018, our client was interviewed at Columbus Ohio USCIS office. The interview went well, and on the same day of the interview, his green card application was approved.

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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: I-140 (EB-2)

EMPLOYER: Church

BENEFICIARY: Korean Education Pastor

LOCATION: Tampa, FL

Our client’s current employer was willing to petition him for a second-preference petition (I-140).  Our client has a master’s degree in divinity in the United States and currently works for the church with R-1 visa. Based on our client’s educational, professional 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 January 3, 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 April 5, 2017. On June 26, 2017, we promptly filed PERM.

However, on October 2, 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 October 17, 2017.  Eventually, on March 7, 2018, 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 audited balance sheet, and other necessary supporting documents.

The I-140 Petition was filed on May 8, 2018 via premium processing service. Eventually, on May 18, 2018, the I-140 EB2 Petition for our Korean client was approved without any Request for Evidence (RFE). He can file an I-485 adjustment of status application for his green at any time since his priority dates are current.

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