CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Bell, CA

Our client came from the Philippines on a J-1 in September 2016 to work as a teacher. Based on her DS-2019, she was subject to the two-year foreign residency requirement. After her authorized stay period expired, she remained in the United States. 

In April 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 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 June 25, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On September 10, 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 December 9, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on December 19, 2019, 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.

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CASE: PERM Labor Certification    
EMPLOYER: Fabric Manufacturer
BENEFICIARY: Filipina General Merchandise Expert Sewer
LOCATION: Chagrin Falls, OH

Our client is a fabric manufacturer in Ohio. They do have a prospective employee from the Philippines and they were willing to petition her for a skilled worker, third-preference petition (I-140). Their prospective employee has more than 2 years of experience as a sewer. After talking to our client, our firm concluded that they can petition her as a general merchandise expert sewer. Our client eventually retained us on February 28, 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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On March 6, 2019, the prevailing wage request was filed.  After we got the PW determination, our office filed the job order on June 26, 2019. On September 5, 2019, we promptly filed PERM. Eventually, on December 13, 2019, the PERM Labor Certification was approved – an EB3 position for the Filipina 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: Chinese

 LOCATION: Garden City, NY

Our client is a certified nurse practitioner from China, who is currently working at a dermatology clinic which was willing to petition her for a second-preference petition (I-140).  Our client has a Master’s Degree in Nursing and has worked for this clinic since 2013. 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 May 5, 2015.

In June 2019, she contacted our office and retained us for her and her immediate family members’ I-485 adjustment of status applications. Our office filed an I-485 adjustment of status applications for our clients on July 19, 2019. 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 December 16, 2019, our clients were interviewed at Holtsville New York USCIS office. Eventually, on December 17, 2019, her and her family members’ green card applications were approved.

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CASE: PERM Labor Certification    
EMPLOYER:  Plastic Manufacturing Company in Solon, OH
BENEFICIARY: Nigerian Project Engineer

Our client is from Nigeria. His current employer was 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 education and work background, 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. Now our client can file the I-140 petition.

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CASE: I-140 (EB-3 Skilled Worker)    
EMPLOYER: Chinese Restaurant
BENEFICIARY: Chinese Specialty Cook in China
LOCATION: Cleveland, Ohio

Our client is a Chinese restaurant in Cleveland, Ohio. They do have a prospective employee from China and they wanted to petition him for a skilled worker, third-preference petition (I-140). Their prospective employee has more than 2 years of experience as a Chinese cook. After talking to our client, our firm concluded that they can petition him as a Chinese Specialty Cook. Our client eventually retained us on May 22, 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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On May 30, 2018, the prevailing wage request was filed.  After we got the PW determination, our office filed the job order on October 8, 2018. On February 8, 2019, we promptly filed PERM. Eventually, on April 30, 2019, the PERM Labor Certification was approved – an EB3 position for the Chinese 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 13, 2019 via regular processing service. Eventually, on November 19, 2019, the I-140 EB3 Petition for our Chinese client was approved without any Request for Evidence (RFE). He can file an immigrant visa once his priority date becomes current. 

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CASE: I-485 (EB-3)    
APPLICANT: Chinese Early Childhood Creative Programs Director
LOCATION: St. Paul, MN

Our client is from China, who is currently staying in the United States on F-2 status. She has a prospective employer which was willing to do an immigration petition for her, third-preference. Our client has a Bachelor’s degree in Art Education. After talking to our client, our firm concluded that her employer can petition her as an Early Childhood Creative Programs Director. Based on our client’s education and work background, our office determined that she 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 April 16, 2015, the prevailing wage request was filed.  After we obtained foreign degree evaluation report and Prevailing Wage determination, our office filed the job order on August 11, 2015. On October 27, 2015, we promptly filed PERM. Eventually, on March 28, 2016, the PERM Labor Certification was approved – an EB3 position for the Chinese 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 financial records, and other necessary supporting documents. The I-140 Petition was filed on July 11, 2016 via premium processing service. However, the USCIS issued Request for Evidence (RFE) on July 25, 2016 and requested the Petitioner’s tax record to demonstrate whether Petitioner has sufficient net current asset to pay proffered wage of beneficiary. On September 29, 2016, our office filed the Response to RFE to USCIS along with Petitioner’s 2015 federal tax record. Eventually, on October 5, 2016, the I-140 EB-3 Petition for our Chinese client was approved. 

Once her priority date became current in 2018, she retained our office again and determined to file an adjustment of status application for her and her husband. On December 5, 2018, our office filed an I-485 adjustment of status application for our client and her husband. 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 August 28, 2019, our client was interviewed at Minneapolis Minnesota USCIS office. Though their interview went well, the visa numbers were not available for their cases in August and September of 2019. Nevertheless, on December 6, 2019, their I-485 applications were approved by the USCIS.

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

APPLICANT: Filipina Physical Therapist

LOCATION: Philip, South Dakota

Our client is a physical therapist from the Philippines who is currently working for her employer on a H-1B status. Her current employer-sponsor was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a physical therapist, 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 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 South Dakota. Our office was retained on September 10, 2018 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on April 22, 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.  However, on April 26, 2019, the USCIS Nebraska Service Center issued Request for Evidence and requested our client to submit her marriage certificate and a letter from her employer stating the signed date of the notice of filing document. Our office filed the Response to RFE on April 29, 2019. Eventually, on May 2, 2019, the USCIS Nebraska Service Center approved her EB-2 I-140 petition. 

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her and her immediate family members. On June 25, 2019, our office filed an I-485 adjustment of status application for our client and her family. 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 December 9, 2019, our client was interviewed at Omaha Nebraska USCIS office. The interview went well, our client and her family members’ adjustment of status applications were approved by the USCIS on the same day of the interview.

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CASE: I-485 / National Interest Waiver

CLIENT: Canadian

LOCATION: Spokane, WA

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. He is a lead mining engineer from South Korea (Citizen of Canada) and currently works for a federal agency under his TN status. He is an exceptional researcher and scientist in the field of mining engineering and rock mechanics research. 

Our client’s significant contributions have placed him at the pinnacle of his field. He is an extraordinary researcher and scientist in the field of Mining Engineering and Rock Engineering Research with over 22 years of practical research experience with emphasis on the development of safe and economical excavations in underground mines – from which to extract minerals. Specifically, our client’s work has the purpose of determining hazard recognition and engineering solutions for the ground control problems that cause injuries and fatalities in the mining industry. Moreover, his research works were highly evaluated by 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 24-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. 

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on October 10, 2018. Eventually, on April 22, 2019, the USCIS approved his I-140 petition without any Requests for Evidence.  

Once his I-140 petition was approved, he retained our office again and determined to file an adjustment of status application for him and his immediate family members. On June 19, 2019, our office filed an I-485 adjustment of status application for our client and his family. 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 December 4, 2019, our client was interviewed at Spokane Washington USCIS office. The interview went well, our client and his family members’ adjustment of status applications were approved by the USCIS on the same day of the interview. 

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CASE: EB-3 I-485 Adjustment of Status

EMPLOYER: Public School

BENEFICIARY: Filipina Elementary School Teacher

LOCATION: New Mexico

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 English, a valid New Mexico Teaching license, and has worked for her current employer since 2016. 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 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 November 1, 2017. On April 13, 2018, we promptly filed PERM. 

However, on August 13, 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. 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 August 22, 2018.  Eventually, on October 23, 2018, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. 

We then proceeded with the I-140 Petition filing. Our client already had her approved I-140 from her old employer with priority date of October 2010. 

Under 8 CFR 204.5(e):

“Retention of section 203(b)(1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.”

As mentioned above, our client’s approved I-140 petition was not denied, was actually approved, and was never revoked at any point. Thus, by virtue of 8 CFR 204.5(e), this succeeding I-140 Petition by our client’s current employer for our client is entitled to the previous priority date.

We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s tax records, her previous I-140 approval notice and other necessary supporting documents.

The I-140 Petition was filed on November 1, 2018 via premium processing service. Eventually, on November 6, 2018, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE). Also, the approved I-140 retained our client’s old priority date. 

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her. On December 6, 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 September 9, 2019, our client was interviewed at Albuquerque New Mexico USCIS office. On November 25, 2019, her I-485 adjustment of status application was approved by the USCIS. 

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CASE: Adjustment of Status based on Approved EB-3 I-140    

APPLICANT: Korean Molding Process Engineer in Akron Ohio

Our client is from South Korea. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Mechanical Engineering. After talking to our client, our firm concluded that his employer can petition him as a Molding Process Engineer. Based on our client’s education and work background, 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 January 17, 2018, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on April 4, 2018. On June 21, 2018, we promptly filed PERM. Eventually, on August 16, 2018, the PERM Labor Certification was approved – an EB3 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 22, 2019 via premium processing service. Eventually, on January 30, 2019, the I-140 EB3 Petition for our Korean client was approved without any Request for Evidence (RFE). 

Once his I-140 petition was approved, he retained our office again and determined to file an adjustment of status application for him and his immediate family members. On February 20, 2019, our office filed an I-485 adjustment of status application for our client and his family. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client at our office. On September 10, 2019, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Though their interview went well, the visa numbers were not available for their cases in September of 2019. Nevertheless, on November 20, 2019, their I-485 applications were approved by the USCIS. 

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