CASE: PERM Labor Certification

EMPLOYER: Fashion Design Company

BENEFICIARY: Korean Fashion / Technical Designer

LOCATION: Los Angeles, CA

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 fashion design and has relevant work experience. 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 February 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 June 23, 2017. On August 28, 2017, we promptly filed PERM.

However, on January 24, 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 February 5, 2018.  

Eventually, on May 7, 2018, the PERM Labor Certification was approved – an EB3 position for the Korean beneficiary. Since her priority date is current, our client can file the I-140, I-485 green card application, and I-765 simultaneously.

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CASE: I-485 Adjustment of Status / I-140 (EB-2)    
CLIENT: Syrian Dentist

Our client is from Syria, who is currently working in the United States as an associate dentist under Temporary Protected Status (TPS). His current employer was willing to do an immigration petition for him, second-preference. Our client has a Doctor of Dentistry degree in Syria which is evaluated as an equivalent degree of Doctor of Dental Surgery degree the United States. He also has a license to practice dentistry in the state of Ohio. After talking to our client, our firm concluded that his employer can petition him as an associate dentist. Based on our client’s educational, 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 August 29, 2016, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on December 22, 2016. On March 3, 2017, we promptly filed PERM. Eventually, on May 24, 2017, the PERM Labor Certification was approved – an EB2 position for the Syrian 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 16, 2017 via premium processing service. Eventually, on June 28, 2016, the I-140 EB-2 Petition for our Syrian 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. On July 20, 2017, 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 at our office as well. On April 26, 2018, our client was interviewed at Cleveland Ohio USCIS office. Attorney JP Sarmiento from our office also accompanied our client as well. Eventually, on May 11, 2018, his green card application was approved.

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CASE: H-1B Change of Employer

PETITIONER: Waste Management Company

BENEFICIARY: Indian Chief Financial Officer

LOCATION: St. Louis, MO

Our client is a wastewater treatment and management company in St. Louis, MO area. They contacted our office in early September 2017 to seek a legal assistance from our office for their foreign employee. The beneficiary is from India and she obtained her Master’s degree in Business Administration. The proffered position for the Beneficiary is a Chief Financial Officer which qualifies as a specialty occupation. This proffered position is clearly a “specialty occupation” because the minimum requirements for this position are a Master’s Degree in Business Administration or its equivalent.  

The foreign beneficiary in this case already had her H-1B visa from her previous employer.  However, her H-1B visa was not expired yet, and she wanted to extend her H-1B status on the change of employer basis.

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on September 27, 2017. Since this petition was based on the change of employer, this petition was exempted from the annual cap of the H-1B.  Thus, we could file prior to the April 1. There were no Requests for Evidence during the processing of the H-1B. Eventually, our client’s H-1B Petition was approved on April 24, 2018. Now the Beneficiary can work for her Petitioner-Employer as an H-1B visa holder and she can work there for next three years.

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CASE: PERM Labor Certification

EMPLOYER: Public Schools District

BENEFICIARY: Filipino Speech Language Pathologist

LOCATION: North Dakota

Our client has a current employer that was willing to petition him for a second-preference petition (I-140).  Our client has a master’s degree in speech language pathology, a valid North Dakota speech language pathologist license, and has worked for his current employer since August 2015. Based on our client’s education and work background, our office determined that he is eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us in March 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 June 20, 2017. On December 13, 2017, we promptly filed PERM.

Eventually, on April 26, 2018, the PERM Labor Certification was approved – an EB2 position for the Filipino beneficiary. Since his priority date is current, our client can file the I-140, I-485 green card application, and I-765 simultaneously.

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CASE: I-140 / National Interest Waiver

CLIENT: Mexican

LOCATION: Raleigh, NC

Our client contacted us in April 2016 about the possibility of doing a National Interest Waiver self-petition. He is a researcher from Mexico and he is an exceptional researcher and scientist in the field of plant developmental biology research.

Our client’s significant contributions have placed him at the pinnacle of his field. His research has contributed to the advancing of our understanding of the mechanisms that control plant growth and development, and how plants respond to geminivirus infection, thus enabling the development of new plant breeding technologies for food production improvement.  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 20-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 Texas Service Center on December 20, 2017. Eventually, on April 13, 2018, the USCIS approved his I-140 petition without any Requests for Evidence.  Now, he can file his adjustment of status application.

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CASE: I-140 (EB-2)    
EMPLOYER:  Civil Engineering Company in California
BENEFICIARY: Filipino Building Project Engineer Manager

Our client is from the Philippines. His prospective employer was willing to do an immigration petition for him, second-preference. Our client has a Bachelor’s degree in Civil Engineering and has more than 5 years of work experience as a Design and Structural Engineer. After talking to our client, our firm concluded that his employer can petition him as a Building Project Engineer Manager. Based on our client’s education 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 January 30, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on April 26, 2017. On September 18, 2017, we promptly filed PERM. Eventually, on March 8, 2018, the PERM Labor Certification was approved – an EB2 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 April 13, 2018 via premium processing service. Eventually, on April 19, 2018, the I-140 EB2 Petition for our Filipino client was approved without any Request for Evidence (RFE).

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CASE: I-485 Adjustment of Status / I-140 (EB-3 Category) / Schedule A

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Nigerian

LOCATION: Spokane, WA

Our client’s beneficiary is a registered nurse from Nigeria licensed in the state of Washington. She came to the United States and currently pursues his Ph.D. degree in nursing in the United States.  His prospective employer was willing to petition him for a third-preference employment immigrant visa petition (I-140).

Since he is a registered nurse, 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 Professional Nurses is included in Schedule A.

Our client has a nursing degree and has a valid state RN 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 January 10, 2017 and started on his Prevailing Wage Request.

We filed the I-140 application on May 19, 2017 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents.  Eventually, on May 30, 2017, the I-140 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 July 10, 2017, 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 at via conference calls as well. On April 25, 2018, our client was interviewed at Spokane Washington USCIS office. Eventually, on April 26, 2018, his and his family members’ green card applications were approved.

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CASE: I-140 (EB-3)
EMPLOYER:  E-Commerce Merchandiser Employer in Dallas, TX

BENEFICIARY: Korean Operations Research Analyst

Our client is from South Korea and his prospective employer was willing to do an immigration petition for him, second-preference. Our client has a Master’s degree in Business Administration. After talking to our client, our firm concluded that his employer can petition him as an Operations Research Analyst. Based on our client’s education and work background, 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 May 18, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on August 8, 2017. On October 11, 2017, we promptly filed PERM. Eventually, on March 19, 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 April 13, 2018 via premium processing service. Eventually, on April 26, 2018, 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 at any time since his priority dates are current.

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CASE: I-485 Adjustment of Status / I-140 (EB-3 Category) / Schedule A

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipino

LOCATION: Houston, TX

Our client’s beneficiary is a registered nurse from the Philippines licensed in the state of Texas. He came to the United States on an F-1. His prospective employer was willing to petition him for a third-preference employment immigrant visa petition (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 worked for the sponsor-employer. Our firm told him that his employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on March 12, 2015 and started on his Prevailing Wage Request.

We filed the I-140 application on June 3, 2015 via regular processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. Without any issuance of Request for Evidence (RFE), on October 7, 2015, the I-140 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 September 12, 2017, 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 at via conference calls as well. On April 2, 2018, our client was interviewed at Houston Texas USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on April 4, 2018, his green card application was approved.

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CASE: I-485 / I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Denver, CO

Our client contacted us in July 2014 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 genetic engineering and apoptosis.

Our client’s significant contributions have placed him at the pinnacle of his field. Throughout his research career, he has made critical research contributions in programmed cell death where he used genetic analysis in the round worm to gain important insights into human cancer. Our client has devoted himself to research in the aforementioned fields for more than 15 years and his outstanding research were highly evaluated by reviewers of various journals and by colleagues and experts in the field.  Moreover, our client’s research works were published in one of the top academic journals in the world. His outstanding works were published in journals such as Science, Nature, and Proceedings of the National Academy of Sciences.

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. 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. (When we filed this case, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) was not issued yet. Thus, we still filed our client’s NIW under NYSDOT standard.)

Our office prepared a 20-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 33 exhibits (Exhibit A to GG).

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on November 16, 2016. Eventually, on October 25, 2017, 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. However, on January 29, 2018, the USCIS Nebraska Service Center issued a request for evidence (RFE) regarding whether our client’s maintenance of his non-immigrant status and updated medical.

The RFE letter from the USCIS requested us to submit evidence showing our client has maintained his non-immigrant status until the filing of his adjustment of status application. Our office filed this response to RFE along with requested evidence and updated medical record on March 7, 2018.

On March 29, 2018, the USCIS Nebraska Service Center approved our client’s adjustment of status application. The derivative applicant of this case (his wife) also received I-485 approval.  Now, our client and his wife become green card holders.

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