CASE: I-140 (Skilled Worker) / Schedule A

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Nepalese

LOCATION: Houston, TX

Our client’s beneficiary is a registered nurse from Nepal and licensed in the state of Texas. She came to the United States on a valid visa and she is currently working in the United States with her TPS (Temporary Protected 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 an Associate of 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 June 15, 2016 and started on her Prevailing Wage Request.

We filed the I-140 application on January 14, 2019 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. However, on January 23, 2019, the USCIS issued Request for Evidence and asked our client to submit the copy of petitioner’s most recent tax return. Our office filed the response to USCIS on January 25, 2019.  Eventually, on February 7, 2019, the I-140 was approved.

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CASE: Immigrant Visa / Consular Processing / I-140 (EB-2 Category) / Schedule A

APPLICANT: Filipina Physical Therapist

LOCATION: Manila, Philippines

Our client is a physical therapist in the Philippines. Her prospective employer-sponsor was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she is a physical therapist, 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 Physical Therapist is included in Schedule A.

Our client has U.S. equivalent Master’s degrees in Physical Therapy and is a licensed physical therapist in the State of Texas. Our office was retained on May 9, 2018 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on September 10, 2018 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.  Eventually, on September 24, 2018, the USCIS Texas Service Center approved her EB-2 I-140 petition.

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 October 31, 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 January 9, 2019, 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: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Outpatient Mental Health Center

BENEFICIARY: Korean

LOCATION: Utah

Our client is a certified mental health nurse practitioner. His current employer was willing to petition him for a second-preference employment immigrant visa petition (I-140). Since he is a certified mental health nurse practitioner, he 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 Ph.D. degree in nursing and is a certified Nurse Practitioner. Our office was retained on August 9, 2018, and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on January 18, 2019 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.  Eventually, on January 30, 2019, the USCIS Nebraska Service Center approved his EB-2 I-140 petition. Since the priority date for South Korean national is current for the EB-2 category, he is eligible to file his adjustment of status application now.

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CASE: Adjustment of Status (EB-2 Category)    
APPLICANT: Taiwanese Outpatient Services Clinician
LOCATION: Columbus, OH

Our client is a comprehensive children’s mental health and child welfare agency which was willing to petition an Outpatient Services Clinician position for a second-preference petition (I-140).  Our client’s employee has a master’s degree in Social Administration and currently is working for them under H-1B status. After talking to our client, our firm concluded that this employer can petition her as an Outpatient Services Clinician.  Second preference petitions for Taiwanese people are current, which means that if a PERM Labor Certification for a second preference position gets approved, the I-140 and I-485 could be filed simultaneously. Based on our client’s prospective employee’s educational, professional and working backgrounds, our office determined that she is clearly eligible for EB-2 classification for her I-140 petition.  Our client eventually retained us on November 2, 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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On November 8, 2016, the prevailing wage request was filed.  After we obtained determined prevailing wage, our office filed the job order on February 16, 2017. On July 14, 2017, we promptly filed PERM. Eventually, on December 4, 2017, the PERM Labor Certification was approved – an EB2 position for the Taiwanese 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 10, 2018 via premium processing service.

However, on May 15, 2018, the USCIS Nebraska Service Center issued Request for Evidence (RFE) and requested our client to submit the documents to show “ability to pay” and special skills for Beneficiary. On May 22, 2018, our office filed Response to RFE and stated that Petitioner’s net current asset figure is sufficient for proffered wage of Beneficiary. Moreover, we included the letter from the Petitioner regarding the proof that Beneficiary already obtained her special skills for the proffered position.  Eventually, on June 4, 2018, the I-140 EB2 Petition for our Taiwanese client 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. On July 17, 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 31, 2019, our client was interviewed at Columbus Ohio USCIS office. Eventually, her I-485 application was approved by the USCIS on January 31, 2019.

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CASE: EB-2 I-140

EMPLOYER: Cosmetic Products Manufacturer

BENEFICIARY: Korean Controller

LOCATION: Cleveland, OH

Our client is currently working as a finance manager and his current employer was willing to petition him for a second-preference petition (I-140).  Our client has a bachelor’s degree in Business Administration and has more than 5 years of experience as a Financial Analyst. After talking to our client, our firm concluded that his employer can petition him as a Controller. Second preference petitions for Koreans are current, which means that if a PERM Labor Certification for a second preference position gets approved, the I-140 and I-485 could be filed simultaneously. Based on our client’s education and work background, our office determined that he is clearly eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us in June 8, 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 foreign degree evaluation report, our office filed the job order on December 8, 2017. On May 7, 2018, we promptly filed PERM.

However, on August 22, 2018, the Department of Labor issued a request for audit. The DOL requested documents from Petitioner to determine whether the recruitment process was done properly. Moreover, the DOL requested the Petitioner to submit evidence related to bona fide job opportunity which includes Petitioner’s articles of incorporation, quarterly tax, organizational chart, etc. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, recruitment documentation, and other requested documents on September 19, 2018.  Eventually, on December 13, 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 tax records, and other necessary supporting documents.

The I-140 Petition was filed on January 18, 2019 via premium processing service. Eventually, on January 29, 2019, 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 card at any time.

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CASE: I-485 / National Interest Waiver

CLIENT: Korean

LOCATION: Ann Arbor, MI

Our client contacted us in April 2017 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 Material Science and Next-Generation Battery Research.

Our client’s significant contributions have placed him at the pinnacle of his field. He has performed fundamental research and device engineering of next generation battery materials, including inorganic solid-state electrolytes, inorganic-organic hybrid electrolytes with self-healing polymers, and electrode structure design using techniques such as sputtering, electrospinning, and various synthesis chemistries 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 6 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 23 exhibits (Exhibit A to W).

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on March 19, 2018. Eventually, on August 17, 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 January 8, 2019, our client was interviewed at Detroit, Michigan 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: 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: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipino

LOCATION: Beneficiary: Thailand / Petitioner: Houston, TX

Our Filipino client is currently working in Thailand as a nurse supervisor. His prospective employer-sponsor was willing to petition him for a second-preference employment immigrant visa petition (I-140). Since he has a registered nurse license and the proffered position for him 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 5 years of experience as a nurse supervisor and a coordination nurse. He also has a registered nursing license in the state of Texas. 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 November 21, 2018 via premium 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.

Eventually, on December 5, 2018, the USCIS Texas Service Center approved his EB-2 I-140 petition. Now, with the approved EB-2 I-140 petition (priority date for EB2 Philippines nationals is current), he can file immigrant visa.

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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: Adjustment of Status (I-485) / I-140 (EB-2)
EMPLOYER: Egyptian Periodontist
LOCATION: Cleveland, OH

Our Egyptian client worked in the United States on an OPT as an associate periodontist. His current employer was willing to do an immigration petition for him, second-preference. Our client has a dentistry degree in Egypt which is evaluated as Doctor of Dental Medicine degree in 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.  Based on our client’s education and work, 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. Prior to the interview, we thoroughly prepared our client at our office as well. On September 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. However, the priority date of Eb-2 category for the Egyptian national backlogged. Our client had to wait until the priority date becomes current. In October 2018, his priority date becomes current. Eventually, his I-485 application was approved by the USCIS on November 23, 2018.

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