CASE: I-485 Adjustment of Status based on Approved I-140 (EB-2)
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Nepali Dentist

Our client is from Nepal, who is currently working in the United States as an associate dentist under an F-1 (OPT) status. Her current employer was willing to do an immigration petition for her, second-preference. Our client has a Doctor of Dental Surgery 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, professional 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 September 15, 2015, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on November 30, 2015.  On February 22, 2016, we promptly filed PERM.  Eventually, on June 14, 2016, the PERM Labor Certification was approved – an EB2 position for the Nepalese 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 11, 2016 via premium processing service. Eventually, on July 21, 2016, the I-140 EB-2 Petition for our Nepalese client was approved without any Request for Evidence (RFE).

Our office filed his I-485 application along with his I-140 petition concurrently. However, on January 23, 2017, the USCIS Nebraska Service Center issued Request for Evidence (RFE) and requested our client to submit the updated employment letter. Our office filed the response to RFE on February 15, 2017. On March 3, 2017, the USCIS approved her I-485 application as well. Now, she is a green card holder.

{ 0 comments }

CASE: I-485 based on Approved I-140 (EB-3 Category) / Schedule A

APPLICANT: Mexican Registered Nurse

LOCATION: Midland, Texas

Our client’s beneficiary is a registered nurse from Mexico licensed in the state of Texas. She came to the United States and currently works in the United States on her TN visa.  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 Bachelor’s of Nursing degree from a U.S. institution 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 December 2, 2015 and started on her Prevailing Wage Request.

We filed the I-140 application on March 23, 2016 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents.  However, on April 4, 2016, the USCIS issued a Request for Evidence (RFE) and requested our client to submit documents to prove her employer’s “ability to pay” standard. Our client’s employer provided a federal corporate tax record and other documents to demonstrate that they have ability to pay our client’s proffered wage. Our office filed the response to RFE on April 29, 2016. Eventually, the I-140 was approved on May 11, 2016.

In September 2016, her priority date became current. Our office proceeded with our client’s and her husband’s I-485 adjustment of status applications. We prepared and file our clients’ adjustment of status applications along with supporting documents to USCIS on September 7, 2016. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

This case was transferred to the local USCIS office in El Paso, TX and they appeared at the interview for the adjustment of status interview with Attorney Sung Hee (Glen) Yu from our office on February 9, 2017.  The interview went well; eventually, our client’s adjustment application was approved by the USCIS on February 13, 2017.  

{ 0 comments }

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

EMPLOYER: Mental Health Non-Profit Organization

BENEFICIARY: Thai Nurse Practitioner

LOCATION: Ohio

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 September 12, 2016 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on January 23, 2017 via premium 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 January 31, 2017, without any Request for Evidence (RFE), the USCIS Nebraska Service Center approved her EB-2 I-140 petition. Since the priority date for Thai national is current for the EB-2 category, she is eligible to file her adjustment of status application now.

{ 0 comments }

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.

{ 0 comments }

CASE: I-140 (EB-2)
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Korean Dentist

Our client is from South Korea, who is currently working in the United States as an associate dentist under F-1 (OPT) status. His current employer was willing to do an immigration petition for him, second-preference. Our client has a Doctor of Dental Medicine degree in the United States. After talking to our client, our firm concluded that his employer can petition him as an associate dentist. 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 October 6, 2015, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on December 17, 2015.  On March 3, 2016, we promptly filed PERM.  Eventually, on June 27, 2016, 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 July 22, 2016 via regular processing service. Eventually, on January 25, 2017, the I-140 EB-2 Petition for our Korean client was approved without any Request for Evidence (RFE). Our client already filed his I-485 adjustment of status application with his I-140 petition concurrently and his green card application will likely be approved soon.  

{ 0 comments }

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

APPLICANT: Filipina Nurse Practitioner

LOCATION: Chicago, IL

Our client is a family nurse practitioner. Her current employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a family 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 Bachelor’s and Master’s degrees in nursing and is a certified Nurse Practitioner. Our office was retained on October 19, 2015 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on January 22, 2016 via premium 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 3, 2016, without any Request for Evidence (RFE), the USCIS Nebraska Service Center approved her EB-2 I-140 petition.

Once the I-140 petition was approved, our client retained our office again for her and her husband’s I-485 adjustment of status applications. Our office filed an I-485 adjustment of status applications for our client and her husband on February 12, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

However, on August 22, 2016, the USCIS issued Request for Evidence (RFE) and requested our client to submit her Visa Screen document. In response to RFE, our office filed her Visa Screen document on November 14, 2016.  Eventually, on December 5, 2016, the USCIS Nebraska Service Center approved our clients’ adjustment of status applications. Now, she finally is a green card holder.

{ 0 comments }

CASE: I-485 Adjustment of Status / Schedule A

EMPLOYER: Physician’s Office

APPLICANT: Polish Nurse Practitioner

LOCATION: New Jersey

Our client is a certified nurse practitioner. Her current 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 Bachelor’s and Master’s degrees in nursing and is a certified Nurse Practitioner. Once our office was retained, we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on August 1, 2016 via premium 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.  However, on August 15, 2016, the USCIS issued Request for Evidence (RFE) and requested our client to submit the missing copy of prevailing wage determination document. Our office immediately responded back to USCIS.  Eventually, on August 29, 2016, the USCIS approved her EB-2 I-140 petition.

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

Eventually, on December 5, 2016, the USCIS approved our client’s adjustment of status application. Now, she finally becomes a green card holder.

{ 0 comments }

CASE: I-485 / National Interest Waiver

CLIENT: Korean

LOCATION: Colorado

Our client contacted us in May 2015 about the possibility of doing a National Interest Waiver. He is a researcher from South Korea and he is an exceptional researcher and scientist in the field of photophysical sciences; specifically, solar energy conversion sciences.

His significant contributions have placed him at the pinnacle of the field of photophysical research. His research regarding solid-state morphology in electron transfer processes of organic solar energy conversion devices has shown that the combination of two versatile spectroscopic techniques can bring new insights for complex material systems. Moreover, our client has discovered the electronically excited triplet state of single-walled carbon nanotubes (SWNTs) which 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 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. The landmark immigration case that discusses the standards for NIWs is Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm.1998). This case held that the qualifying applicant must show the following elements in his or her I-140 NIW petition: First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Next, it must be shown that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U. S. worker having the same minimum qualifications.

Our office prepared a 18-page brief for our client’s NIW filing. Our client also obtained 6 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication records, presentation records, and conference materials in the NIW application. We demonstrated the intrinsic merit of our client’s research in the United States, the national scope of his research, and asserted that our client would serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. His NIW application contained 35 exhibits (Exhibit A to II).

We filed his I-140(NIW) petition to the USCIS Nebraska Service Center on September 11, 2015. Eventually, on June 26, 2016, the USCIS approved his I-140 petition without any Requests for Evidence.  

Our office filed his I-485 application along with his I-140 petition concurrently. However, on October 21, 2016, the USCIS issued Request for Evidence (RFE) and requested our client to submit updated vaccination records. Our client promptly submitted their updated vaccination records (I-693) to USCIS. Eventually, on November 22, 2016, the USCIS approved his I-485 application as well. Now, he is a green card holder.

{ 0 comments }

CASE: I-485 Adjustment of Status / National Interest Waiver

CLIENT: Korean

LOCATION: Dallas, TX

Our client contacted us in May 2015 about the possibility of doing a National Interest Waiver. He is a researcher from South Korea and he is an exceptional researcher and scientist in the field of renewable energy technology.

His significant contributions have placed him at the pinnacle of his field of endeavor. Throughout his research career, our client has made critical research contributions and developed an innovative algorithm to forecast the future variability of long-term wind power scenarios by analyzing the power spectral density of wind power outputs. Moreover, our client suggested an innovative stochastic storage operation algorithm based on his probabilistic wind power forecasting algorithm in order to limit the severe ramp rates of wind power. His expertise in probabilistic renewable energy forecasting is 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 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. The landmark immigration case that discusses the standards for NIWs is Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm.1998). This case held that the qualifying applicant must show the following elements in his or her I-140 NIW petition: First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Next, it must be shown that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U. S. worker having the same minimum qualifications.

Our office prepared a 19-page brief for our client’s NIW filing. Our client also obtained 7 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication records, presentation records, and conference materials in the NIW application. We demonstrated the intrinsic merit of our client’s research in the United States, the national scope of his research, and asserted that our client would serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. His NIW application contained 34 exhibits (Exhibit A to HH).

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on July 7, 2016. Eventually, on October 3, 2016, the USCIS approved his I-140 petition without any Requests for Evidence.  Our office filed his I-485 application along with his I-140 petition concurrently. On November 17, 2016, the USCIS approved his I-485 application as well. Now, he is a green card holder.

{ 0 comments }

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

APPLICANT: South Korean Nurse Practitioner

LOCATION: Atlanta, GA

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 December 15, 2015 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on April 13, 2016 via premium 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 April 25, 2016, without any Request for Evidence (RFE), the USCIS Texas Service Center approved her EB-2 I-140 petition.

Once the I-140 petition was approved, our client retained our office again for her I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on June 6, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on November 1, 2016, the USCIS Texas Service Center approved our client’s adjustment of status application. Now, she finally is a green card holder.

{ 0 comments }