CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Columbus, OH

Our client contacted us in October 2016 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 plant developmental biology research.

Our client’s significant contributions have placed him at the pinnacle of his field. He has pioneered the study of leaf and flower development and provided novel insights into the molecular mechanisms underlying floral transition from vegetative cells. Specifically, our client characterized bona fide regulators of cell proliferation of aerial lateral organs and floral transition. 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 21-page brief for our client’s NIW filing. Our client also obtained 9 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. His NIW application contained 34 exhibits (Exhibit A to HH).

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on June 1, 2017. Eventually, on March 6, 2018, 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. His adjustment of status application will be approved soon as well.

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CASE: PERM Labor Certification

EMPLOYER: Church

BENEFICIARY: Korean Education Pastor

LOCATION: Tampa, FL

Our client’s current employer was willing to petition him for a second-preference petition (I-140).  Our client has a master’s degree in divinity in the United States and currently works for a church on an R-1 visa. 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 January 3, 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 April 5, 2017. On June 26, 2017, we promptly filed PERM.

However, on October 2, 2017, 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 October 17, 2017.  

Eventually, on March 7, 2018, the PERM Labor Certification was approved – an EB2 position for the Korean 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-130/I-485
Applicant/Beneficiary – Korean
Location: Cleveland, OH

Our client entered the United States in June 2015 from South Korea under the visa waiver program. As a Visa Waiver Entrant, she was only authorized to remain in the United States for 90 days.  However, after her authorized stay period expired, our client remained in the United States.

Later, in August of 2015, our client and her U.S. citizen boyfriend married in the United States. They contacted our office, and retained our office on November 6, 2017.  One main issue in her green card application through marriage was the fact that she came to the United States under the visa waiver program.   As our office wrote in our previous success story with a similar issue,  under the visa waiver program, citizens of certain countries can enter the U.S. for 90 days without a visa with the condition that the visitor waives his or her right to contest removal (other than on the basis of asylum).  The “no-contest” provision of the Visa Waiver Program is fundamental; if someone could enter under the VWP and then contest removability, it would defeat the whole purpose of the Program which is to make it easy for certain nationals to come to the United States to visit and then leave without all the red-tape involved in visa issuance.

Since our client resided in Cleveland, Ohio, her application had a better chance compared to states under the 9th Circuit (see Momeni v. Chertoff).  However, it was quite foreseeable that the USCIS field office will exercise its discretion to deny her application because of her visa waiver entry.  

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on December 1, 2017.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients. On February 22, 2018, our client was interviewed at the Cleveland, Ohio USCIS Field Office. Attorney Sung Hee (Glen) Yu accompanied them at the interview as well.  Despite the visa waiver issue, the USCIS approved her green card application on March 6, 2018.  Now, our client becomes a green card holder.

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CASE: Asylum

CLIENT: Zimbabwean

LOCATION: Washington DC

Our client, a Zimbabwean asylum seeker from Washington D.C. retained us on August 25, 2015 for her asylum case. She wanted to seek asylum relief with the US Citizenship and Immigration Service.

While she was in Zimbabwe, she actively participated in various democracy support demonstrations and projects. Persecution occurred due to her political opinion and the political affiliation of her uncle and family members. She is scared to go back home to Zimbabwe, fearing that she will be persecuted again.

We helped her to prepare for her asylum application, going over several drafts until her claim was as detailed as possible. Names, addresses, dates, and all possible issues relevant to her asylum claim were addressed. We also asked her to provide supporting documents corroborating her claims. Our firm also did some research on articles pertaining to her particular claim, and the type of persecution that members of anti-government political activists suffer in Zimbabwe.

The asylum application was filed in October 19, 2015. On January 25, 2018, the CIS issued an interview notice for her asylum case, scheduled for February 8, 2018 in Arlington, VA USCIS Asylum Office. Prior to her interview, our office prepared her thoroughly for her case over the conference calls to make sure she was able to address questions the asylum officer would ask. Attorney Sung Hee (Glen) Yu from our office also accompanied our client at her interview.

Eventually, on February 22, 2018, the USCIS Arlington Asylum Office approved our client’s asylum case.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Indian

LOCATION: Cleveland, OH

Our client contacted us in November 2017 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from India and obtained his green card in May 2003.

After retention, his N-400 application was filed on November 22, 2017 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On February 22, 2018, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on February 23, 2018. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: I-130 (Petition for Mother) and Adjustment of Status

CLIENT: Russian

LOCATION: San Francisco, CA

Our client retained us to petition her mother for her green card. Our client was born and raised in Russia, but was naturalized in the United States in 2012. She contacted our office in February of 2017 and discussed with us the green card process. After consultation, she retained our office on February 6, 2017.

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Applications on March 23, 2017 for her mother.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. On February 21, 2018, our client appeared at her I-485 adjustment of status interview at the San Francisco, California USCIS Field Office. Prior to the interview, our office prepared her via conference calls. Eventually, on February 22, 2018, our client’s mother’s adjustment of status application was approved. Now, she is a green card holder.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Iranian                                                                                                        

LOCATION: Cleveland, OH

Our client is from Iran who came to the U.S. on a F-1 student visa to pursue his dental degree. In March 2017, our client married his current U.S. citizen wife.  He retained our office on July 24, 2017 for his green card application.  Our firm prepared and filed the I-130 Petition I-485 and Adjustment of Status Application on August 3, 2017. 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 at our office. On February 15, 2018, our client was interviewed at to Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients at their interview as well.  Eventually, on February 26, 2018, his green card application was approved.

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CASE: I-140 (EB-3 Category) / Schedule A / Request to retain earlier priority date

EMPLOYER: Physicians’ Office

BENEFICIARY: Chinese Nurse Practitioner

LOCATION: Pennsylvania

Our client is a certified nurse practitioner. Her prospective employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a certified nurse practitioner, she was eligible for “Schedule A” classification. With our office’s help, on July 25, 2017, without any Request for Evidence (RFE), the USCIS Nebraska Service Center approved her EB-2 I-140 petition.

However, since she is a Chinese national her priority date is later than the other Chinese nationals who have third-preference I-140 petition approval. Thus, our client would like to downgrade her approved EB-2 petition to the third preference so that she can file the adjustment of status application earlier. After the consolation with our office, she and her prospective employer decide to file the third I-140 petition while retain her old priority date.  

According to 8 C.F.R. § 204.5(e):

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

Our client retained our office again on October 5, 2017. On October 13, 2017, our office filed the I-140 EB-3 petition for our client.  In the cover brief, we citied aforementioned statutory language, and explained that our client is eligible for retaining old priority date for this subsequent I-140 petition, requesting the Eb3 classification based on the same labor certification which was also filed by the same petitioner.  

However, on December 15, 2017, the USCIS issued the Request for Evidence (RFE) and requested the Petitioner’s most recent tax return document to determine its ability to pay. On January 26, 2018, our office filed the Response to Request for Evidence along with the Petitioner’s most recent tax return. Eventually, on February 12, 2018, the USCIS approved our client’s I-140 EB-3 petition with old priority date.

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CASE: I-140 / National Interest Waiver

CLIENT: Pakistani

LOCATION: Boston, MA

Our client contacted us in May 2017 about the possibility of doing a National Interest Waiver self-petition. He is a researcher from Pakistan and he is an exceptional researcher and scientist in the field of microbiology and medical science.  

Our client’s significant contributions have placed him at the pinnacle of his field. He is an extraordinary researcher and scientist in the field of Microbiology and Medical Sciences. Throughout his research career, our client has been an outstanding scientist whose work is of critical importance in the prevention of certain human infections. Acanthamoeba is a dangerous pathogen and a causative agent of serious human infections. The most distressing fact is it forms a resistant double walled cyst inside human tissues and poses a key challenge in the successful treatment of the infection. To date, very little is known about the biology of encystation, however our client has thoroughly studied the process in the past few years. He has efficiently developed a liquid medium method to study encystation and using this method for the first time he identified the role of two key enzymes cellulose synthase and xylose isomerase during encystation using gene silencing technology. 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 17-page brief for our client’s NIW filing. Our client also obtained 9 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 October 19, 2017. Eventually, on February 12, 2018, the USCIS approved his I-140 petition without any Requests for Evidence.  Now, he can file his I-485 adjustment of status application along with his approved I-140 petition.

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CASE: Consular Processing (Immigrant Visa)

CLIENT: US Citizen Petitioner Wife; Mexican Beneficiary Husband in Mexico

LOCATION: Petitioner: Cleveland, OH; Beneficiary: Ciudad Juarez, Mexico

IV APPROVED: February 9, 2018.

Our U.S. Citizen client retained us to bring her husband over from Mexico. She retained our office in February 2017, and our office prepared and filed the I-130 petition for her husband on March 1, 2017. This I-130 Petition was approved by the USCIS on August 7, 2017. After the I-130 petition was approved, we started the immigrant visa processing phase of trying to get her husband over to the United States.

On September 7, 2017, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate General in Ciudad Juarez, Mexico. An interview notice was set for our client’s husband at the U.S. Consulate General in Ciudad Juarez, Mexico, and we prepared him for his interview.  He did his interview on February 9, 2018, and the U.S. Consulate General approved and issued his immigrant visa.

With the approved immigrant visa, our client’s husband can come to the United States immediately, and he will get his green card within two months of entry.

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