CASE: Immigrant Visa / Consular Professing based on Approved I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Seoul, South Korea

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. He is a researcher in South Korea and he is an exceptional researcher and scientist in the field of Radio Frequency (RF) / microwave engineering and mobile and wireless communication networks. 

Our client’s significant contributions have placed him at the pinnacle of his field. Throughout his career, our client has demonstrated his exceptional ability as a researcher and has contributed significantly to the general progress of the efforts in the secured and special purposed network analysis and applications. Specifically, our client’s outstanding work has strong contributions for multiple application spaces including the Fifth-Generation (5G) based smart city communication applications, smart factor infrastructure design and implementation, and military data communication application. Because of his innovative 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, 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. 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 21-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 April 15, 2019. Eventually, on December 19, 2019, the USCIS approved his I-140 petition without any Request for Evidence.  

Once his I-140 was approved, our client retained our office again for his and his family members’ immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on March 5, 2020, who in turn forwarded the client’s materials to the U.S. Embassy in Seoul, South Korea. An interview notice was set for the client at the U.S. Embassy in Seoul. On September 27, 2021, our client, his wife, and his daughter appeared at the U.S. Embassy in Seoul, South Korea The interview went well, and on the same day, the U.S. Embassy in Seoul, South Korea approved and issued his and his family members’ immigrant visas.

With the approved Immigrant visas, our client and his family members can come to the United States immediately, and they will get their green cards within two months of entry.

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CASE: PERM EB3 Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipino High School Biology Teacher

LOCATION: Casa Grande, AZ

Our client has a current employer that was willing to petition him for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Biology, a valid Arizona Teaching license, and has worked for his current employer since July 2016. Based on our education and credentials, our office determined that he is eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us in May 2020.

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 only 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 September 3, 2020.  On November 20, 2020, we promptly filed PERM. 

On June 17, 2021, the Department of Labor issued a request for audit. The DOL requested documents from the 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 June 29, 2021.   

Eventually, on September 29, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipino beneficiary. Our client can file the I-140 petition at any time.

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CASE: I-140 (EB-3 Category) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse in the Philippines

LOCATION: Houston, TX

Our client is Filipina registered nurse who currently works in the Philippines. Her prospective employer was willing to petition her for a third-preference employment immigrant visa petition (I-140) as a registered nurse. 

Since she is a registered nurse, she 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 Texas Registered Nursing License. Our firm told her that her prospective employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on January 19, 2021 and we started on her Prevailing Wage Request. Her PW request was filed on January 20, 2021. 

We filed the I-140 application on June 14, 2021 via regular processing. We included the job offer letter, notice of filing, financial ability to pay letter, and other necessary supporting documents. Eventually, on September 13, 2021, our client’s I-140 petition was approved without any Request for Evidence (RFE). Now, our client can file an immigrant visa application based on the approved I-140 petition.

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CASE: EB-3 I-140

EMPLOYER: Public School District

BENEFICIARY: Filipina Elementary School Teacher

LOCATION: Mohave Valley, AZ

Our client has a current employer that was willing to petition for a third-preference I-140.  Our client has a Bachelor’s degree in Elementary Education, a valid Arizona Teaching license, and has worked for her current employer since July 2014. 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 2014.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on October 14, 2019.  On January 10, 2020, we filed PERM. 

On July 29, 2020, 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 14, 2020.   

On December 21, 2020, the Department of Labor denied the PERM application due to non-receipt of the Audit response. In this case though, the 45-page audit response (including the audit, the cover letter, and all the supporting documents) was delivered by August 17, 2020, which was way before the deadline of August 31, 2020. Our office filed a Motion to Reconsider to the Department of Labor on December 22, 2020. Eventually, on May 13, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina 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 10, 2021 via regular processing service. We also filed her I-485 adjustment of status application simultaneously since her priority date was current. On September 7, 2021, our office filed a premium processing upgrade request to the USCIS upon our client’s request. Eventually, on September 22, 2021, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).

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CASE: EB-2 I-485    
EMPLOYER: Baptist Church
BENEFICIARY: Korean Assistant Pastor
LOCATION: Cary, NC

Our client is a Baptist church in Cary, NC. They were willing to petition a South Korean for an Assistant Pastor second-preference petition (I-140).  Our client’s prospective employee has a master’s degree in Theology. After talking to our client, our firm concluded that this employer can petition him as an Assistant Pastor.  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 prospective employee’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 on September 6, 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 April 5, 2019, the prevailing wage request was filed.  Then, our office filed the job order on January 6, 2020.  On June 18, 2020, we filed PERM.  Eventually, on December 22, 2020, 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 March 29, 2021, via premium processing service. Eventually, on April 8, 2021, the I-140 EB-2 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 12, 2021. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on September 9, 2021, the USCIS approved our client’s adjustment of status application. Now, he finally is a green card holder.

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CASE: I-140 (EB-3 Category) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Indonesian Registered Nurse 

LOCATION: Seattle, WA

Our client is an Indonesian registered nurse who currently lives in Seattle, WA. Her prospective employer was willing to petition her for a third-preference employment immigrant visa petition (I-140) as a registered nurse. 

Since she is a registered nurse, she 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 a Washington Registered Nursing License. Our firm told her that her prospective employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on March 22, 2021 and we started on her Prevailing Wage Request. Her PW request was filed on March 25, 2021.  

We filed the I-140 application on September 3, 2021 via premium processing. We included the job offer letter, the notice of filing, financial ability to pay letter, and other necessary supporting documents. Eventually, on September 13, 2021, our client’s I-140 petition was approved without any Request for Evidence (RFE). Now, our client can file an adjustment of status application based on the approved I-140 petition.

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CASE: EB-3 (I-140 / Skilled Worker)    
EMPLOYER: Seafood & Steak Restaurant
BENEFICIARY: Canadian
LOCATION: Naples, FL

Our client is a Seafood & Steak restaurant in Naples, FL. They have a prospective employee from Canada and the are willing to petition him for a skilled worker, third-preference petition (I-140). Their prospective employee has more than 2 years of experience as a Mediterranean Specialty Cook. After talking to our client, our firm concluded that they can petition him as a Mediterranean Specialty Cook. Our client eventually retained us on March 3, 2020. 

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 18, 2020, the prevailing wage request was filed.  After we got the PW determination, our office filed the job order on August 19, 2020.  On November 20, 2020, we promptly filed PERM.  Eventually, on May 27, 2021, the PERM Labor Certification was approved – an EB3 position for the Canadian 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 August 19, 2021 via premium processing service. Eventually, on August 31, 2021, the I-140 EB3 Petition for our Canadian client was approved without any Request for Evidence (RFE). He can file an immigrant visa at any time.

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CASE: PERM Labor Certification

EMPLOYER: Cosmetic Products Manufacturer

BENEFICIARY: Korean Cosmetic Product Plant Manager

LOCATION: Cleveland, OH

Our client is currently working as a Cosmetic Product Plant Manager and his current employer as willing to petition him for a second-preference petition (I-140).  Our client has a Bachelor of Science degree and has more than 5 years of experience as a Production Director. After talking to our client, our firm concluded that his employer can petition him as a Cosmetic Product Plant Manager. 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 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 on August 24, 2020.

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 foreign degree evaluation report, our office filed the job order on February 11, 2021.  On April 19, 2021, we filed PERM. 

Eventually, on August 31, 2021, the PERM Labor Certification was approved – an EB2 position for the Korean beneficiary. Now our client can file the I-140, I-485 green card application, and I-765 simultaneously.

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CASE: PERM EB3 Labor Certification

EMPLOYER: School

BENEFICIARY: Filipino Social Studies Teacher

LOCATION: Mt. Clemens, MI

Our client has an employer that was willing to petition him for a third-preference case (I-140).  Our client has a Bachelor’s degree in Secondary Education, a valid Michigan Teaching license, and has worked for his employer since May 2018. Based on our client’s education and credentials, our office determined that he is eligible for EB-3 classification for his I-140 petition.  Our client retained us in October 2019.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could only 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 assisted the Petitioner to file the job order on June 26, 2020.  On October 20, 2020, we filed PERM. 

On May 28, 2021, the Department of Labor issued a request for audit. The DOL requested documents from the 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 June 16, 2021.   

Eventually, on August 26, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipino beneficiary. Our client can file the I-140 petition at any time.

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CASE: EB-2 I-140

EMPLOYER: Public School District

BENEFICIARY: Filipina Elementary Special Education Teacher

LOCATION: Mohave Valley, AZ

Our client has an employer who was willing to do an I-140 EB2 Petition for her.  Our client has a Bachelor’s degree in Education, a valid Arizona Teaching license, and has more than 5 years of experience as a Special Education Teacher. Based on our client’s education and work background, our office determined that she is eligible for EB-2 classification for her I-140 petition.  Our client eventually retained us in May 2020.  

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on October 15, 2020.  On January 8, 2021, we filed PERM.  Eventually, on July 6, 2021, the PERM Labor Certification was approved without any audit – an EB2 position for the Filipina 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 29, 2021, via premium processing service. However, on August 5, 2021, the USCIS issued Request for Evidence (RFE) and requested our client to submit her past experience verification letter from her former employer in the Philippines. Our office filed the Response to RFE on August 10, 2021. Eventually, on August 19, 2021, the I-140 EB2 Petition for our Filipina client was approved.

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