CASE: I-485 (Based on Approved EB-3 I-140)    
BENEFICIARY: Korean
LOCATION: Cleveland, Ohio

Our client is a former Taekwondo athlete, and is currently studying in the United States. He has a Taekwondo school which as willing to petition him for a third-preference petition (I-140).  Our client has a bachelor’s degree in a related field. After talking to our client, our firm concluded that his potential employer can petition him as a Taekwondo Coach.  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 educational, professional and working backgrounds, our office determined that he is clearly eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us on January 20, 2015.

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 25, 2015, the prevailing wage request was filed.  After we obtained foreign degree evaluation report, our office filed the job order on April 21, 2015.  On July 15, 2015, we promptly filed PERM.  Eventually, on January 19, 2016, 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 April 8, 2016 via premium processing service. Eventually, on April 13, 2016, the I-140 EB3 Petition for our Korean client was approved without any Request for Evidence (RFE).

Once the I-140 petition was approved, our client retained our office again for his I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on May 6, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on August 15, 2016, the USCIS Nebraska Service Center approved our client’s adjustment of status application. Now, he finally is a green card holder.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Montana

Our client came from the Philippines on a J-1 visa in November 2013 to work as a teacher. According to 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 October 2015, 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 prepared and filed 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 2, 2015, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Montana State Government to get authentication of the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippine Government) were sent to the Philippine Consulate General in Chicago for further authentication.  On January 5, 2016, 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 March 9, 2016, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on March 24, 2016, 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-485Adjustment of Status Application on May 11, 2016.  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 August 18, 2016, our client was interviewed at the Helena, Montana USCIS office.  The interview went well, and eventually, on the same day of the interview, her green card application was approved.

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CASE: I-140 (EB-2)

EMPLOYER: Non-Profit Housing Organization

BENEFICIARY: Kenyan Non-Profit Housewarming Project Manager

LOCATION: Cleveland, OH

Our client is currently working as a Non-Profit Housewarming Project Manager whose current employer willing to petition him for a second-preference petition (I-140).  Our client has a bachelor’s and a master’s degree in a related field and work experience. He has been working for his current employer under OPT status. Based on our client’s educational, professional and work background, our office determined that he is eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us.

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. On April 2, 2015, the prevailing wage request was filed.  Once we received the Prevailing Wage determination, our office filed the job order on August 20, 2015.  On November 20, 2015, we promptly filed PERM.

However, on May 2, 2016, 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 May 11, 2016.  

Eventually, on July 18, 2016, the PERM Labor Certification was approved – an EB2 position for the Kenyan 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 28, 2016 via premium processing service. Eventually, on August 8, 2016, the I-140 EB-2 Petition for our Kenyan client was approved without any Request for Evidence (RFE). When we filed his I-140, our office concurrently filed I-485 adjustment of status application for his green card. His green card will be approved once his priority dates are current.

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CASE: I-140 (EB-2)
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Nepali Dentist

Our client is from Nepal, who is currently working in the United States as an associate dentist under an F-1 (OPT) status. Her current employer was willing to do an immigration petition for her, second-preference. Our client has a Doctor of Dental Surgery degree in the United States. After talking to our client, our firm concluded that his employer can petition her as an associate dentist. Based on our client’s educational, professional and working backgrounds, 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 September 15, 2015, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on November 30, 2015.  On February 22, 2016, we filed PERM.  Eventually, on June 14, 2016, the PERM Labor Certification was approved – an EB2 position for the Nepali 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 11, 2016 via premium processing service. Eventually, on July 21, 2016, the I-140 EB-2 Petition for our Nepalese client was approved without any Request for Evidence (RFE). When we filed her I-140, our office concurrently filed an I-485 adjustment of status application as well for her green card. Her green card will be approved once her priority dates are current.

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CASE: PERM Labor Certification    
EMPLOYER: Sales Leads Provider in Omaha Nebraska
BENEFICIARY: Nepali Senior Software Developer – Web Application

Our client is from Nepal, who is currently working in the United States as a Senior Software Developer under an F-1 (OPT) status. His current employer was willing to do an immigration petition for him, second-preference. Our client has a Master of Management Information Systems degree in the United States. After talking to our client, our firm concluded that his employer can petition him as a Senior Software Developer – Web Application. Based on our client’s education, 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 September 29, 2015, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on December 11, 2015.  On March 9, 2016, we promptly filed PERM.  Eventually, on June 23, 2016, the PERM Labor Certification was approved – an EB2 position for the Nepali 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 26, 2016 via premium processing service. Eventually, on August 8, 2016, the I-140 EB2 Petition for our Nepalese client was approved without any Request for Evidence (RFE). When we filed his I-140, our office concurrently filed an I-485 adjustment of status application for his green card. His green card will be approved once his priority dates are current.

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CASE: I-485 Adjustment of Status Based on Approved I-140 (EB-3 Category) / Schedule A
APPLICANT: Canadian Registered Nurse
LOCATION: New York, NY

Our client is a registered nurse who is currently working at a large hospital in New York City, NY. The company was willing to petition her for a third-preference employment immigrant visa petition (I-140).  Our client was eligible for “Schedule A” classification for her I-140 petition.  The Department of Labor (DOL) maintains a schedule of occupations in its regulations 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 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 application 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 more than 5 years of related experience. Her employer filed the I-140 petition for her before; however, it was denied due to a prevailing wage issue.  After talking to our client, our firm concluded that her potential employer can petition her again as a Registered Nurse under schedule A category. 

Once we were retained in March of 2011, we proceeded with the I-140 Petition filing. We filed I-140 application on September 9, 2011 via regular processing. We included the job offer letter, employment verification letters from our client’s previous employers, her TN status approval notices, and other necessary supporting documents.  On February 29, 2012, the USCIS Texas Service Center issued a Request for Evidence regarding the “ability to pay” issue. One of the main requirements for the I-140 is that the petitioning company must show that it has the ability to pay the proffered wage for the beneficiary’s position. In response to the RFE, we attached a letter from the petitioner’s financial officer which establishes the petitioner’s ability to pay the proffered wage.  We filed the RFE response on May 3, 2012.  On May 14, 2012, the I-140 was finally approved.

She retained our office again for her I-485 adjustment of status application. We prepared and filed her adjustment of status application along with supporting documents to the USCIS on January 20, 2016 once her priority date became current.

Eventually, our client’s adjustment application was approved by the USCIS on August 1, 2016.  After a long wait, our client is finally a green card holder.

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CASE: I-140 (EB-2)
EMPLOYER: Sales Leads Provider in Omaha Nebraska
BENEFICIARY: Nepali Senior Software Developer – Web Application

Our client is from Nepal, who is currently working in the United States as a Senior Software Developer under F-1 (OPT) status. His current employer was willing to do an immigration petition for him, second-preference. Our client has a Masters in Management Information Systems degree in the United States. After talking to our client, our firm concluded that his employer can petition him as a Senior Software Developer – Web Application. Based on our client’s education, professional 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 September 16, 2015, the prevailing wage request was filed.  After we obtained the  Prevailing Wage determination, our office filed the job order on December 10, 2015.  On March 8, 2016, we promptly filed PERM.  Eventually, on June 22, 2016, the PERM Labor Certification was approved – an EB2 position for the Nepali 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 26, 2016 via premium processing service. Eventually, on August 6, 2016, the I-140 EB2 Petition for our Nepalese client was approved without any Request for Evidence (RFE). When we filed his I-140, our office concurrently filed an I-485 adjustment of status application for his green card. His green card will be approved once his priority dates are current.

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CASE: I-140 (Derivative Beneficiary) and Adjustment of Status

CLIENT: Filipino

LOCATION: Houston, TX

Our client retained us for his green card application. Our client was born and raised in the Philippines, and has maintained his non-immigrant status lawfully in the United States. His wife became the beneficiary of an approved EB-3 I-140 petition from her employer. Thus, our client could file his I-485 adjustment of status application once the priority dates become current.  Our office was retained on April 6, 2015.

Once retained, our firm prepared and filed the Adjustment of Status Application on April 24, 2015.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time.  However, the priority date retrogressed in 2015 for our client’s case and his adjustment of status application remained pending.

On June 6, 2016, the USCIS issued a Request for Evidence for our client and asked him to submit any evidence to prove his lawful status in the United States from his last. Our office gathered the evidence from our client, prepared the response, and filed the Response to RFE on June 28, 2016. Eventually, on July 8, 2016, our client’s adjustment of status application was approved. Now, he is a green card holder.

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CASE: L-1A petition extension / I-129

PETITIONER: Tire Company in Akron, OH

BENEFICIARY: Korean Quality Assurance Manager

Our client is a South Korean tire company which has its US research office in Akron, OH.  They contacted our office in the middle of May 2016 to seek legal assistance for a possible L-1A extension for their employee. He came from South Korea in November 2013 with his L-1A visa to work as a Quality Assurance Manager.

The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.

Upon retention, our office prepared and eventually filed the L-1A extension petition with various supporting documents. The application included a detailed employer support letter, documentation to demonstrate the qualifying corporate relationship between the parent company in South Korea and the U.S., financial documents, past experience documents, organization chart, and physical premises evidence among others. We filed the L-1A extension petition on June 14, 2016.

Eventually, our client’s L-1A application was approved on July 28, 2016 without any RFE. His L-1A status has been extended to October 2018.

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

APPLICANT: Egyptian

LOCATION: Cleveland, OH

Our client is a chemist from Egypt, who is currently working at a large hospital in Cleveland as a researcher. He is an outstanding and internationally renowned researcher in his field of endeavor, and filed his I-140 (EB-1B) self-petition to the USCIS. While his I-140 petition was pending, he contacted our office for legal assistance of his and his wife’s I-485 adjustment of status applications.

On February 22, 2016, he retained us for their I-485 adjustment of status applications. Our office filed an I-485 adjustment of status application for our client and his wife on March 15, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time. His I-140 self-petition was approved by the USCIS.

Eventually, on July 18, 2016, the USCIS Nebraska Service Center approved our client and his wife’s adjustment of status applications. They are now green card holders.

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