CASE: PERM Labor Certification

EMPLOYER: Software Distributor

BENEFICIARY: Nepali Computer Systems Analyst

LOCATION: Omaha, NE

Our client is a computer systems analyst from Nepal, who is currently working at a software distributing company in Omaha, Nebraska. The company was willing to do an immigration petition for him, second-preference.

Our client has a Master of Science degree in Computer Information Systems and has worked for this company since October 2011. He has maintained his status as an H-1B visa holder in the United States.

After talking to our client, our firm concluded that his potential employer can petition him as a Computer Systems Analyst. Based on our client’s educational, professional and working background as an engineer and management analyst, our office determined that he is clearly eligible for the EB-2 classification.

Prior to filing PERM labor certification, 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 Labor Certification 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.  On December 17, 2012, we filed the PERM labor certification application.  Eventually, on April 17, 2013, exactly four months from filing, the PERM labor certification was approved – an EB2 position for the Nepali Computer Systems Analyst. Now our client can file the I-140 Petition and the I-485 green card application since his priority date is current.

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CASE: I-485 (National Interest Waiver Category)
CLIENT: Korean
LOCATION: Raleigh, North Carolina

Our client contacted us in February 2012 about the possibility of doing a National Interest Waiver. He is a post-doctorate researcher and scientist in the field of Chemistry, and is currently working as a post-doctorate researcher in an academic institution in Raleigh, North Carolina.

His contributions have placed him at the “pinnacle of the field” of inorganic materials and solid-state chemistry. He is a leading scientist with an excellent reputation in the development of successful synthesis of several new layered perovskite structures, which he then characterized by several in-depth structural methods.

Our client was on a J-1 visa, but he got his 212(e) waiver before he applied for the National Interest Waiver I-140 and I-485 applications.

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.

Our office prepared a 17-page brief for our client’s NIW filing. Our client also obtained 7 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 35 exhibits (Exhibit A to NN).

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on October 1, 2012. On November 30, 2012, the USCIS approved his I-140 petition without any Requests for Evidence.

While his I-140 was pending, we filed an I-485 adjustment of status application for our client and his wife on November 20, 2012. Everything went smoothly and the receipt notices and fingerprint appointment came on time.  Our client received his work permit and travel permit from the USCIS on December 26, 2012.

Eventually, on February 8, 2013, the USCIS Texas Service Center approved our client’s adjustment of status application.  Our client’s wife also received the I-485 approval as a derivative applicant of this case. Now, our client finally is a green card holder.

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CASE: I-140 (EB-2) / I-485
Applicant: Korean
LOCATION: Akron, Ohio

Our client is a prominent Taekwondo master who is working as a Taekwondo coach. He had a Taekwondo school willing to do a second-preference petition (I-140) for him. Our client has a Bachelors and Masters degree in a related field and has more than 5 years of coaching experience. Although he had maintained his status as an O-1 visa holder in the United States, his previous green card application (Based on the EB-11 category) was denied two years ago.

After talking to our client, our firm decided that his potential employer can petition him as a Taekwondo Head 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 background, our office determined that he is clearly eligible for the EB-2 classification. Our client eventually retained us for his PERM labor certification in March, 2011.

As we stated in previous success stories, his PERM Labor Certification was approved on October 25, 2011. After the PERM approval, our client retained us again for the I-140 petition.

We then proceeded with the I-140 Petition filing. 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. The adjusted gross income was not enough, thus, we attached the tax return schedule that showed the net current assets of the Petitioner, which was over the minimum requirement. We included the job offer letter, employment verification letters from our client’s previous employers, and other necessary supporting documents. The I-140 Petition was filed on December 5, 2011 via premium processing. On December 15, 2011, in only ten days, the I-140 EB2 for our Korean client was approved.

Once his I-140 was approved, our office filed his I-485 adjustment of status application along with supporting documents on January 30, 2012. His wife’s I-485 was filed simultaneously as a derivative applicant of our client’s adjustment of status application. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

However, in May 2012, the USCIS Nebraska Service Center issued Request for Evidence (RFE) for our client and his wife’s I-485 applications.  In the RFE letter, the USCIS wanted them to submit a copy of their marriage certificate.

They participated in a marriage ceremony in Connecticut in 2004, but they did not record their marriage in Connecticut.  Rather, they only recorded their marriage at a local South Korean Government office.  Nevertheless, they have been “married” under Korean law since 2004, and our client’s wife applied for O-3 visas since our client got his O-1 status, with all these relevant facts on hand, and our client’s wife has been granted O-3 extensions too.

In our Response to the RFE, our office argued that their marriage is valid and should be recognized.  This case was transferred to the local USCIS office in Cleveland, Ohio and they appeared at the interview for the adjustment of status interview with Attorney Sung Hee (Glen) Yu from our office on September 4, 2012.

The interview went well, however, the USCIS office denied our client’s wife’s adjustment of status application on September 28, 2012 based on the fact that our client and his wife failed to establish that she married him in a marriage ceremony that was legal in the place where it was conducted.  As a result, the USCIS denial decision stated that she has failed to establish that her marriage to our client is valid for “U.S. immigration purposes.”

Once our client’s wife’s adjustment application was denied, we immediately withdrew our client’s adjustment application as well.  The primary reason for withdrawal was the fact that if his adjustment application is approved, then his wife cannot adjust her status as a derivative applicant. Then, our client would needs to file the I-130 petition for his wife which will delay her adjustment of status for three years.

Since the USCIS decided that our client’s marriage to his wife is not valid for U.S. immigration purposes (due to the immigration requirement that they both be present for the marriage to be valid, even though in South Korea this was not a requirement), our client and his wife had another ceremony and registered their marriage in Ohio to make it valid for “U.S. Immigration Purposes.” They had their marriage ceremony and it was registered in the state of Ohio in October 2012.

With this marriage certificate, our office re-filed our client and his wife’s I-485 adjustment of status application on November 1, 2012. On top of their I-485 applications, our office included an extensive brief in support to explain the nature of this case and its complicated procedural history. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

Eventually, on January 28, 2013, our client and his wife’s I-485 applications were approved by the USCIS Nebraska Service Center.  There were no more RFEs and no interviews. Our client came to the United States in 2002 and has remained in the United States with O-1 visa/extensions. He had a previous I-140 denial under the EB-11 category, and had to withdraw his I-485 application due to the aforementioned marriage issue.  Nevertheless, he and his wife are now finally permanent residents.

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CASE: I-140 / National Interest Waiver
CLIENT: Korean
LOCATION: Raleigh, North Carolina

Our client contacted us in February 2012 about the possibility of doing a National Interest Waiver. He is a post-doctorate researcher and scientist in the field of Chemistry, and is currently working as a post-doctorate researcher in an academic institution in Raleigh, North Carolina.

His significant contributions have placed him at the pinnacle of the field of inorganic materials and solid-state chemistry. He is a leading scientist with an excellent reputation in the development of successful synthesis of several new layered perovskite structures, which he then characterized by several in-depth structural methods.  Also, our client has designed a solar photo-catalyst testing device and has used it to study the catalytic activity of his synthesized nano-materials.

Upon review of his credentials and qualifications, our office determined that he was 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.

Our office prepared a 17-page brief for our client’s NIW filing. Our client also obtained 7 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 35 exhibits (Exhibit A to NN).

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on October 1, 2012. On November 30, 2012, the USCIS approved his I-140 petition without any Requests for Evidence.

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CASE: H-1B Visa Petition
PETITIONER: Healthcare staffing firm
BENEFICIARY: Pharmacist
ISSUES: Cap-Exempt, Research Organization, Off-Site Employment

Our client is one of the leading healthcare staffing firms in Northeast Ohio, serving the general staffing needs of regional hospitals and clinics.

They contacted our office in late of October to seek legal assistance from our office for their foreign employee.

The beneficiary is a licensed pharmacist who obtained his Doctor of Pharmacy degree in the United States. The proffered position for the Beneficiary is a Pharmacist. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Doctor of Pharmacy Degree with a registered Pharmacist license.

Prior to our client contacting us, the numerical cap of H-1B visas for fiscal year 2013 was already reached. Our client was very disappointed and thought they would have to wait until April 1, 2013. Also, since the Petitioner is a staffing firm, their foreign employee will be placed at different hospitals (off-site employment issue). At that point our client thought it was impossible to file at this point.

We told our client that we can argue that they are qualified for some of the exemption provisions for the H-1B cap. We explained that we can argue the nonprofit exemption, as well as cite some CIS memorandums regarding eligibility for H-1B petitions despite off-site employment. We showed that the main reason for cap-exemption is that the foreign employee will be placed at two hospitals which are non-profit research organizations as defined in 8 C.F.R. 214.2(h)(19)(iii)(C).

Our office argued that this H-1B petition is exempted from the H-1B numerical limitations (cap-exempt) because the Petitioner will employ the beneficiary to perform job duties at non-profit research organizations (two hospitals) as defined in 8 C.F.R. 214(h)(19)(iii)(C) that directly and predominately furthers the normal, primary, or essential purpose, mission, objectives, or function of the qualifying institution (nonprofit research).

We also argued that these two hospitals are clearly qualified as non-profit research organizations as defined in 8 C.F.R. 214(h)(19)(iii)(C). These two organizations are primarily engaged in basic research and/or applied research. Moreover, the beneficiary’s job duties, which will be performed on-site at qualifying non-profit research organizations, will be similar to those performed by actual employees (Pharmacists) of the two hospitals in the furtherance of the qualifying entities’ mission.

Furthermore, we explained that the Petitioner will comply with the statutory and regulatory requirements of the H-1B non-immigrant classification for the placement of the beneficiary at the two hospitals during the period of employment.  We mentioned that the beneficiary will be paid higher than the prevailing wage for the pharmacist position by the Petitioner, and Petitioner-Employer will maintain an employer-employee relationship with the beneficiary. The Petitioner has the right to control the work of the beneficiary on a day-to-day basis as well. We explained that the Petitioner has a sole right to hire, pay, and has the ability to fire the beneficiary as well.

Once retained, our office filed the H-1B visa petition with various supporting documents on November 13, 2012 via premium processing. There were no Requests for Evidence during the processing of the H-1B. Eventually, our client’s H-1B application was approved on November 27, 2012. He can now work for his employer for three years on an H-1B status starting November 27, 2012.

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CASE: I-140 / I-907 (Premium Processing)
ISSUE: Had to get the I-140 Approved to Be Eligible for 3-Yr H-1B Extension
EMPLOYER: Molded Component Manufacturer
BENEFICIARY: British Engineering Manager
LOCATION: Cleveland, OH

Our client is an engineering manager from the United Kingdom, who is currently working at a molded component manufacturing company in the greater Cleveland area. The company/petitioner was willing to petition him for a green card, in the second-preference category (EB2).

Our client has a Bachelor’s degree and has more than 5 years of related work experience. He has maintained his status as an H-1B visa holder in the United States. The issue is that he can only renew his H-1B after an I-140 petition is approved.

After talking to our client, our firm advised that his potential employer can petition him as an Engineering Manager, specifically, Liquid Injection Molding (LIM) Process Engineering Manager.

Prior to filing the PERM labor certification application, 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. As mentioned on our previous success story, we filed the PERM labor certification application for our client on August 8, 2012. Two months later, on October 10, 2012, the PERM labor certification was approved. There were no audits in this application. Our client retained us again for the I-140 petition.

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, employment verification letters from our client’s previous employers, and other necessary supporting documents.

The I-140 Petition was filed on October 31, 2012 via premium processing. On November 8, 2012, in only eight days, the I-140 EB2 for our British client was approved.

Now, not only can he file for a green card (could have been filed simultaneously, but priority dates were not current back in October), but he is also eligible for an H-1B 3 year extension.

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CASE: I-485 / I-140 (National Interest Waiver)
NATIONALITY: Korean
LOCATION: Ohio

Our South Korean client came to the U.S. on a J-1 Visa in August 2008. He was here for a NASA research fellowship, but his J-1 program made him subject to the two-year foreign residency requirement. He retained our office for his J-1 waiver, I-140 National Interest Waiver Classification (NIW) and I-485 Adjustment of Status applications.

We got his J-1 waiver approved on February 6, 2012, details of which are in a previous success story. Afterwards, we started working on his NIW application. Our client is a researcher and scientist in the field of Aerospace Science and Engineering, and is currently working as a research specialist at NASA. Upon review of his credentials and qualifications, our office determined that he was qualified for the National Interest Waiver (NIW) category. The NIW is beneficial because one would not need an employer nor family member to petition for you.

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.

Our office prepared a 19-page brief for our client’s NIW filing. We asked our client to obtain 10 or more letters of recommendation. Our office also included his publication records, presentation records, and conference materials. 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 64 exhibits (Exhibit A to LLL). Our office filed his I-140(NIW) petition with the USCIS on April 6, 2012. On September 7, 2012, the USCIS approved his I-140 petition without any Requests for Evidence.

When we filed our client’s I-140 (NIW) application, we concurrently filed an I-485 adjustment of status application for our client and his wife. Everything went smoothly and the receipt notices and fingerprint appointment came on time. While our client was waiting for the adjudication of his I-140, our client received his work permit and travel permit from the USCIS on June 4, 2012.

Eventually, on November 8, 2012, the USCIS Nebraska Service Center approved our client’s adjustment of status application. Our client’s wife also received the I-485 approval as a derivative applicant of this case. They are now both green card holders.

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CASE: PERM Labor Certification
EMPLOYER: Molded Component Manufacturer
BENEFICIARY: British Engineering Manager
LOCATION: Cleveland, Ohio
FILED: August 8, 2012
APPROVED: October 10, 2012
AUDITS: None

Our client is an engineering manager from the United Kingdom, who is currently working at a molded component manufacturing company in greater Cleveland area. The company/petitioner was willing to petition him for a green card, in the second-preference category (EB2).

Our client has a Bachelor’s degree and has more than 5 years of related work experience. He has maintained his status as an H-1B visa holder in the United States. After talking to our client, our firm advised that his potential employer can petition him as an Engineering Manager, specifically, Liquid Injection Molding (LIM) Process Engineering Manager.

Prior to filing the PERM labor certification application, 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. On August 8, 2012, we filed the PERM Labor Certification application. Two months later, on October 10, 2012, the PERM labor certification was approved. There were no audits in this application.

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CASE: I-140 / I-907 (Premium Processing)
ISSUE: Had to get the I-140 Approved to Be Eligible for 3-Yr H-1B Extension
EMPLOYER: Electric Immersion Heater Manufacturer
BENEFICIARY: Indian Management Analyst
LOCATION: Cleveland, OH

Our client is a management analyst from India, who is currently working at an electric immersion heater manufacturing company in Cleveland Ohio. The company was willing to do an immigration petition him for a second-preference petition (I-140). He is on his sixth year of H-1B, and to extend it for another three years, he’s had to have an I-140 approval before his current H-1B expires.

Our client has an MBA degree and has worked for this company since April 2012. He has maintained his status as an H-1B visa holder in the United States.

After talking to our client, our firm advised that his potential employer can petition him as a Management Analyst. It is a Job Zone 4 position, which typically does not merit an EB2 finding by the Department of Labor, but we thought the position was complex enough to merit an argument. Based on our client’s educational, professional and working background as an engineer and management analyst, our office determined that it’s still worth a shot for the EB-2 classification.

As mentioned on our previous success story, we filed the PERM labor certification application for our client on June 29, 2012. Two months later, on August 30, 2012, the PERM labor certification was approved. Our client retained us again for the I-140 petition.

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, employment verification letters from our client’s previous employers, and other necessary supporting documents.

The I-140 Petition was filed on September 24, 2012 via premium processing. On October 1, 2012, in only seven days, the I-140 EB2 for our Indian client was approved.

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CASE: I-140 / National Interest Waiver

NATIONALITY: Korean

LOCATION: Ohio

Our South Korean client came to the U.S. on a J-1 Visa in August 2008.  He was here for a NASA research fellowship, but his J-1 program made him subject to the two-year foreign residence requirement.  He retained our office for his J-1 waiver, I-140 National Interest Waiver Classification (NIW) and I-485 Adjustment of Status applications.

We got his J-1 waiver approved on February 6, 2012, details of which are in a previous success story. Afterwards, we started working on his NIW application. Our client is a researcher and scientist in the field of Aerospace Science and Engineering, and is currently working as a research specialist at NASA.  Upon review of his credentials and qualifications, our office determined that he was qualified for the National Interest Waiver (NIW) category. The NIW is beneficial because one would not need an employer nor family member to petition for you.

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.

Our office prepared a 19-page brief for our client’s NIW filing. We asked our client to obtain 10 or more letters of recommendation.  Our office also included his publication records, presentation records, and conference materials.  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 64 exhibits (Exhibit A to LLL).  Our office filed his I-140(NIW) petition to the USCIS on April 6, 2012.  On September 7, 2012, the USCIS approved his I-140 petition without any Requests for Evidence.

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