CASE: PERM Labor Certification

EMPLOYER: Nutrition Management Company

BENEFICIARY: Taiwanese Consulting Dietician

LOCATION: Kittanning, PA

Our client has a current employer that was willing to petition her for a second-preference petition (I-140).  Our client has a master’s degree in nutrition, a valid state dietician license, and has worked for her current employer since November 2018. 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.  

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 October 8, 2019, and eventually the advertisements and in-house job posting.  On February 22, 2020, we filed PERM. 

Eventually, on June 18, 2020, the PERM Labor Certification was approved – an EB2 position for the Taiwanese beneficiary. Since her priority date is current, our client can file the I-140, I-485 green card application, and I-765 simultaneously as well.

{ 0 comments }

CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina Elementary School Teacher

LOCATION: Tucson, AZ

Our client has a current employer that was willing to petition her for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Elementary Education, a valid Arizona Teaching license, and has worked for her current employer since July 2017. 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 September 2018.

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, whichever is later. 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 8, 2019.  On August 7, 2019, we promptly filed PERM. 

However, on January 7, 2020, the Department of Labor issued a request for audit, which is random nowadays regardless of how perfect the PERM application was. 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 January 23, 2020.   

Eventually, on June 16, 2020, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. Our client can file the I-140 petition at any time.

{ 0 comments }

CASE: PERM Labor Certification

EMPLOYER: Rehabilitation Center in Katy, TX 

BENEFICIARY: Filipina S

Our client has a prospective employer that was willing to petition her for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Tourism Management and currently works in the Philippines. 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 on February 14, 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 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 June 5, 2019.  On August 15, 2019, we filed the PERM. 

On January 15, 2020, the Department of Labor issued an 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 January 21, 2020.   

Eventually, on June 12, 2020, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. Our client can file the I-140 petition at any time.

{ 0 comments }

CASE: I-130 / I-485

NATIONALITY: Philippines

LOCATION: Salinas, CA

Our client came from the Philippines on a J-1 in September 2013 to work as a teacher. Based on her visa and DS-2019, she was subject to the two-year foreign residency requirement. Later, she got married to her U.S. citizen husband and consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Upon retention, our office prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States through the EVP in the Philippines.

On June 8, 2018, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We then prepared the documents for the NOS request to the EVP. On July 27, 2018, our office sent our NOS application to the Waiver Review Committee in Manila, Philippines.  Then, the Waiver Review Committee granted the No Objection Statement and forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued the official No Objection Statement to the Department of State.

On September 13, 2018, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on October 11, 2018, the USCIS issued an I-612 approval notice for the waiver. 

Once her J-1 waiver was approved, our client retained our office again for her adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 1, 2019.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our clients through conference calls. On January 15, 2020, our client was interviewed at the Santa Clara, CA USCIS office.  

However, on May 1, 2020, the USCIS issued a Request for Evidence (RFE) and requested our client to submit a certified disposition of court and police documents record regarding her previous misdemeanor criminal record. Our office filed the Response to RFE to the USCIS on May 26, 2020. Eventually, on June 9, 2020, the USCIS approved our client’s I-485 adjustment of status application. Now, she is a green card holder. 

{ 0 comments }

CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Fayetteville, NC

Our client came from the Philippines on a J-1 in August 2015 to work as a teacher. Based on his DS-2019, he was subject to the two-year foreign residency requirement. 

In September 2018, he got married to his U.S. citizen spouse and later on consulted with our firm for his J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Upon retention, our office prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On November 27, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On January 9, 2020, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On April 28, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on May 18, 2020, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for his adjustment status application along with his U.S. Citizen spouse’s I-130 petition for him.

{ 0 comments }

CASE: I-485 based on Approved I-140 (EB-1B)

 APPLICANT: Indian

 LOCATION: Hudson, OH

Our client is an assistant professor from India who is currently teaching at a state university. She has an approved EB-1B I-140 petition with a priority date of May 2015.  Our client has a Ph.D. degree and has worked for this school since August 2014. She has maintained her status as an H-1B visa holder in the United States.  

In September 2018, she contacted our office and retained us for her and her husband’s I-485 adjustment of status applications. Our office filed an I-485 adjustment of status application for our client and her husband on October 3, 2018. 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 September 17, 2019, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. Though their interview went well, the visa numbers were not available for their cases in September of 2019. Nevertheless, on May 15, 2020, their I-485 applications were approved by the USCIS.

{ 0 comments }

CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Sacramento, CA

Our client came from the Philippines on a J-1 in August 2017 to work as a teacher. Based on her DS-2019, she was subject to the two-year foreign residency requirement. 

In July 2019, she got married to her U.S. citizen husband and later on consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the two-year requirement or obtains a waiver.

On October 16, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On November 26, 2019, our office sent our client’s NOS request to the EVP Waiver Review Committee in Manila, Philippines.  The Waiver Review Committee approved of the request and forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On May 5, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on May 18, 2020, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment status application along with her U.S. Citizen husband’s I-130 petition for her.

{ 0 comments }

CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Covington, KY

Our client came from the Philippines on a J-1 in August 2016 to work as a teacher. According to her DS-2019, she was subject to the two-year foreign residency requirement. 

In January 2018, she got married to her U.S. citizen husband and later on consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Upon retention, our office promptly prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On November 27, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On December 16, 2019, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On May 5, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on May 12, 2020, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment status application along with her U.S. Citizen husband’s I-130 petition for her.

{ 0 comments }

CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Sacramento, California

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

Our office told our client that he can apply for a waiver under the No Objection Statement category based on the fact that he has a U.S. citizen son. Upon retention, our office promptly prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On September 30, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also prepared the application packet to the EVP Philippines, which require several distinct documents, including apostilled affidavits and forms. On December 19, 2019, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  They approved the application and forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On May 5, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on May 12, 2020, the USCIS issued an I-612 approval notice for the waiver.

{ 0 comments }

CASE: EB-3 I-140
EMPLOYER:  Plastic Manufacturing Company in Solon, OH
BENEFICIARY: Nigerian Project Engineer

Our client is from Nigeria. His current employer is willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Chemical Engineering. After talking to our client, our firm concluded that his employer can petition him as a Project Engineer. Based on our client’s educational, professional and workbackgrounds, our office determined that he is eligible for EB-3 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 20, 2019, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on June 11, 2019.  On September 3, 2019, we promptly filed PERM.  Eventually, on December 18, 2019, the PERM Labor Certification was approved – an EB3 position for the Nigerian 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 December 30, 2019 via regular processing service. However, on March 25, 2020, the USCIS issued Request for Evidence (RFE) for the I-140 petition and requested our client to submit evidence to verify beneficiary’s special skills on the PERM application. Our office prepared and filed the Response to RFE to the USCIS on April 1, 2020.  Eventually, on April 27, 2020, the I-140 EB3 Petition for our Nigerian client was approved.

{ 0 comments }