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

APPLICANT: Kyrgyz Network and Computer Systems Administrator in Huntley, IL

Our client has a prospective employer that was willing to petition for a third-preference I-140.  Our client has a Bachelor’s degree in Computer Science and currently works for IT consulting companies in the past. 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.  

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, the job order was filed on April 9, 2021.  On July 16, 2021, we promptly filed PERM. Eventually, on January 5, 2022, the PERM Labor Certification was approved without the audit. Our client can file the I-140 petition at any time. 

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 most recent tax return copy, and other necessary supporting documents.

The I-140 Petition was filed on February 24, 2022 via regular processing service. On March 10, 2022, we filed I-907 premium processing upgrade request. Eventually, on March 21, 2022, the I-140 EB3 Petition for our Kyrgyz client was approved without any Request for Evidence (RFE). 

Once her I-140 petition was approved, she retained our office again for her adjustment of status application. On April 19, 2022, 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. Eventually, on July 29, 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-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: 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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CASE: Immigrant Visa / I-140 (EB-3 Category) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipino Registered Nurse in the Philippines

LOCATION: Manila, Philippines

Our client is a Filipino registered nurse who currently works in the Philippines. His prospective employer was willing to petition him for a third-preference I-140 as a registered nurse. 

Since he is a registered nurse, he 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 him that his prospective employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on February 18, 2019 and we started on his Prevailing Wage Request.

We filed the I-140 application on June 19, 2019 via regular processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. On January 22, 2020, the USCIS Texas Service Center issued a Request for Evidence and asked our client to submit documents to show its “ability to pay” the proffered wage for this beneficiary. Our office filed the Response to RFE on February 3, 2020. Eventually, on February 19, 2020, our client’s I-140 petition was approved. 

Once his I-140 was approved, our client retained our office again for his immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on December 14, 2020, 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 June 27, 2022, our client appeared at the U.S. Embassy. The interview went well, and the Embassy approved and issued his immigrant visa. With the approved Immigrant Visa, our client can come to the United States immediately, and he will get his green card within two months of entry.

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CASE: EB-3 I-140

EMPLOYER: School

BENEFICIARY: Filipina Middle School Science 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 Education, a valid Michigan Teaching license, and has worked for her current employer since May 2018. Based on our client’s education and credentials, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client 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 12, 2020, we filed PERM.  Eventually, on May 3, 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, employer’s tax records, and other necessary supporting documents. The I-140 Petition was filed on July 2, 2021 via regular processing. On June 17, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipino Registered Nurse in the Philippines

LOCATION: Manila, Philippines

Our client is a Filipino registered nurse who currently works in the Philippines. His prospective US employer was willing to petition him for a third-preference employment immigrant visa I-140 as a registered nurse. 

Since he is a registered nurse, he 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 Nursing License. Our firm told him that his prospective employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on February 18, 2019, and we started on his Prevailing Wage Request.

We filed the I-140 application on June 19, 2019 via regular processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. OnJanuary 22, 2020, the USCIS Texas Service Center issued Request for Evidence and requested our client to submit documents to show its “ability to pay” the proffered wage for this beneficiary. Our office filed Response to RFE on February 3, 2020. Eventually, on February 19, 2020, our client’s I-140 petition was approved. 

Once his I-140 was approved, our client retained our office again for his immigrant visa processing. Our office filed the immigrant visa packets to the National Visa Center on December 14, 2020, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for our client at the U.S. Embassy in Manila. On June 27, 2022, our client appeared at the U.S. Embassy in Manila, Philippines. The interview went well and the Embassy approved and issued his immigrant visa. With the approved Immigrant Visa, our client can come to the United States immediately, and he will get his green card within two months of entry.

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