CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition

Our client is a Lawful Permanent Resident (Green card holder) who married his wife in Seoul, South Korea in 2013.  After the marriage, he filed an I-130 (F-2A category) petition for his wife in South Korea. This I-130 Petition was approved by the USCIS in 2015 (the priority date of this petition was September 9, 2014). After the I-130 was approved, their daughter was born in South Korea in December 2015.

In March 2017, he contacted our office and retained us to bring his wife and daughter to the States via consular processing. Once retained, we immediately contacted National Visa Center and informed them that they have a daughter who would like to come to the United States as a derivative applicant of her mother (our client’s wife)’s immigrant visa. The priority date of this petition was already current. Our office filed the immigrant visa packets to the National Visa Center on August 4, 2017, who in turn forwarded our client’s materials to the U.S. Embassy in Seoul, South Korea. An interview notice was set for the client at the US Embassy in Seoul, and we prepared her for the interview. On December 11, 2017, the interview was conducted.  Eventually, after the interview, the U.S. Embassy in Seoul, South Korea approved and issued immigrant visas for our client’s wife and daughter.

With the approved immigrant visas, our client’s wife and daughter can come to the United States immediately, and they will get their green cards within two months of entry.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Russian                                                                                                        

LOCATION: Cleveland, OH

Our client is from Russia who came to the U.S. on a J-1 exchange visitor’s visa in June 2010. She had a complex immigration case, having filed a VAWA I-360 before that got denied, before retaining us. In September 2015, our client married her current U.S. citizen husband.  She retained our office in October 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 29, 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 at our office. On January 13, 2017, our client was interviewed at the Cleveland Ohio USCIS office.  Attorney Sung Hee (Glen) Yu also accompanied our clients. In November 2017, the USCIS issued a Request for Evidence and requested our client to do updated medical / vaccination check-up with the USCIS approved civil surgeon. Our client did it and submitted the sealed result to the USCIS Cleveland Field Office. Eventually, on December 11, 2017, her green card application was approved.

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CASE: H-1B Extension

PETITIONER:  Environmental Engineering Consulting Company

BENEFICIARY: Indian Principal Consulting Environmental / Water Engineer

Our client is an Environmental Engineering Consulting Company in Fairfax, VA. They contacted our office in November 2017 to seek legal assistance from our office for their foreign employee’s H-1B Extension.  The beneficiary is from India and obtained his Bachelor’s degree and Master’s Degree in Civil / Environmental Engineering. The proffered position for the Beneficiary is a Principal Consulting Environmental / Water Engineer which we argued qualifies as a specialty occupation.  He has been working for the Petitioner on a valid H-1B visa. The beneficiary already used his H-1B status for 6 years, but he is entitled to get 3 year extension since he has an approved I-140 petition for him. Our office helped his previous H-1B extension and his H-1B extension was granted in December 2014.

After retention, our office filed the H-1B visa petition with various supporting documents on December 5, 2017 via premium processing. Eventually, without any RFE, our client’s H-1B extension was approved on December 13, 2017. Now the Beneficiary can continue for the Petitioner on an H-1B status until December 2020.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Korean                                                                                                        

LOCATION: Dayton, Ohio

Our client is from South Korea who came to the U.S. on a B-2 visitor’s visa in May 2017. In July 2017, our client married her current U.S. citizen husband.  After she married, she retained our office for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 22, 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 via conference calls as well. On December 11, 2017, our client was interviewed at Cincinnati Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on the same day of her interview, her green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Lithuanian

LOCATION: Ohio

Our client contacted us in September 2017 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from Lithuania and obtained her green card in September 2014 through marriage to her U.S. Citizen husband. She retained our office on September 6, 2017.

The N-400 application was filed on September 11, 2017 with all supporting documents. Prior to her citizenship interview, our office prepared her through conference calls. On December 1 2017, our client appeared at the Cincinnati, OH USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on December 4, 2017. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Chinese

LOCATION: Mountain View, CA

Our client was a citizen of China who came to the U.S. on a J-2 Visa in September 1996.  He came with his father who came on a J-1 Visa for his research program in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

After our client’s father’s J-1 program was completed, his family moved to Canada.

He turned 21 in 2015. He would like to get a waiver because he has a prospective employer who will file the H-1b petition for me next year. However, because of his two-year foreign residency requirement, our client cannot change his status in the United States without the fulfillment of requirement or the waiver.

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in June 2015.

Our firm was retained to do his J-2 waiver, and on October 20, 2017, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on November 10, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On December 10, 2017, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: PERM Labor Certification

EMPLOYER: Food / Restaurant Company

BENEFICIARY: Korean In-House Graphic / Web Design Specialist

LOCATION: Cleveland, OH

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 a graphic design in the United States and work experience. Based on our client’s education, professional and work background, our office determined that she was clearly eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in May 2016.

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 November 4, 2016.  On April 7, 2017, we promptly filed PERM.

However, on August 22, 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 September 5, 2017.  

Eventually, on December 11, 2017, 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-140 (EB-3 Category) / Schedule A

EMPLOYER: Nursing / Rehabilitation Center in Houston, TX

BENEFICIARY: Filipino Registered Nurse in the Philippines

LOCATION: Manila, Philippines

Our client’s beneficiary is a registered nurse from the Philippines licensed in the state of Texas. He came to the United States and currently studies in the United States on his F-1 status.  His current employer was willing to petition him for a third-preference employment immigrant visa petition (I-140).

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 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 July 24, 2014 and started on his Prevailing Wage Request.

We filed the I-140 application on November 7, 2014 via regular processing. We included the job offer letter, the notice of filing, and other necessary supporting documents.  Eventually, on June 24, 2015, the I-140 was approved without any RFE.  

Once his priority date became current, our client retained our office again for his immigrant visa processing. After his I-140 was approved, he went back to the Philippines and waited for his priority date becomes current. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on July 31, 2017, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for the client at the U.S. Embassy in Philippines. On December 7, 2017, our client appeared at the U.S. Embassy in Manila, Philippines. Eventually, the Immigrant Visa was issued for our client.

With the approved Immigrant Visa, our client can come to the United States immediately, and he will get his green card within two months of entry.

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CASE: PERM Labor Certification    
EMPLOYER: Children’s Mental Health and Child Welfare Agency
BENEFICIARY: Taiwanese Outpatient Services Clinician
LOCATION: Columbus, OH

Our client is a comprehensive children’s mental health and child welfare agency which was willing to petition for an Outpatient Services Clinician position for a second-preference petition (I-140).  Our client’s employee has a master’s degree in Social Administration and is currently working for them under H-1B status. After talking to our client, our firm concluded that this employer can petition her as an Outpatient Services Clinician.  Second preference petitions for Taiwanese people 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 educational, professional and working backgrounds, our office determined that she is clearly eligible for EB-2 classification for her I-140 petition.  Our client eventually retained us on November 2, 2016.

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 November 8, 2016, the prevailing wage request was filed.  After we obtained determined prevailing wage, our office filed the job order on February 16, 2017.  On July 14, 2017, we promptly filed PERM.  Eventually, on December 4, 2017, the PERM Labor Certification was approved – an EB2 position for the Taiwanese beneficiary. Now our client can file the I-140 petition.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese                                                                                                        

LOCATION: Cleveland, Ohio

Our client is from China who came to the U.S. on a B-2 visitor’s visa in March 2017. In July 2017, our client married her current U.S. citizen husband.  After their marriage, she retained our office for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 14, 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 as well. On November 29, 2017, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients. Eventually, on the same day of her interview, her green card application was approved.

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