CASE: Marriage-Based Adjustment of Status

NATIONALITY: Kenyan                                                                                                        

LOCATION: Cleveland, OH

Our client is from Kenya who came to the U.S. on a F-1 student visa to pursue his undergraduate degree. In May 2016, our client married his current U.S. citizen wife.  He retained our office in November 2016 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 19, 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 as well. On June 30, 2017, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on July 3, 2017, his green card application was approved.

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

PETITIONER: Child Care Center in Cleveland, OH

BENEFICIARY: Chinese Child Care Center Director

Our client is a Chinese company which has its US subsidiary in the greater Cleveland area (Avon Lake).  In 2016, our client opened a new business and has offered child care services to children from the age of 6 weeks to 12 years old. They contacted our office in the middle of June 2017 to seek legal assistance for a possible L-1A extension for their employee. She came from China in 2016 with her L-1A visa to work as a Child Care Center Director.

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 China 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 21, 2017 via premium processing.

Eventually, our client’s L-1A application was approved on June 29, 2017 without any RFE. Her L-1A status has been extended to August 2019.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Kenyan

LOCATION: Cleveland, OH

Our client contacted us in March 2017 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Kenya and obtained his green card in December 2006.

After retention, his N-400 application was filed on April 4, 2017 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On June 20, 2017, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on June 27, 2017. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                        

LOCATION: Cleveland, Ohio

Our client is from the Philippines who came to the U.S. on a J-1 exchange visitor’s visa in March 2016. Her J-1 program was not subject to the 212(e), two-year foreign residency requirement. In January 2017, our client married her current U.S. citizen husband.  She retained our office on February 15, 2017, for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 21, 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 June 26, 2017, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu, a partner for our office also accompanied our clients as well. Eventually, on the same day of the interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Indian                                                                                                        

LOCATION: South Carolina

Our client is from India who came to the U.S. on an F-1 student visa. In December 2016, our client married his current U.S. citizen wife.  He retained our office in February 2017 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 27, 2017. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients via conference call as well. On June 20, 2017, our client was interviewed at the Greer, South Carolina USCIS office. Eventually, on June 23, 2017, his green card application was approved.

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CASE: H-1B Visa Petition-Extension

PETITIONER: Research Foundation in Washington, D.C.

BENEFICIARY: French Staff Accountant

ISSUES: Cap-Exempt, Research Organization

Our client is one of the leading research associations for the advancement, health, and sustainability of student affairs in the United States. Its National Headquarters in D.C. contacted our office in August of 2016 to seek legal assistance for their foreign employee’s H-1B Extension. The beneficiary is a Staff Accountant for this organization who has been working for Petitioner under an H-1B status. With our office’s legal assistance, he got his H-1B in January 2014.

The beneficiary is the citizen of France, and has a Bachelor’s degree from the United States. The proffered position for the Beneficiary is a Staff Accountant. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Accounting or its equivalent.

This H-1B case is exempt from the numerical limitation because our client is qualified for cap-exempt petitions since it is a non-profit research organization as defined in 8 C.F.R. 214.2(h)(19)(iii)(C). Under the provisions of INA Section 214(g)(5), “the numerical limitations contained in paragraph (1)(A) shall not apply to any non-immigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b) who –

(B) is employed (or has received an offer of employment) at a nonprofit research organization or a governmental research organization.”

The June 6, 2006 Michael Aytes’ Memo (Published by USCIS) on Guidance Regarding Eligibility for Exemption from the H-1B Cap Based on Section 103 of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313) outlines the fee and cap exemption for nonprofit research organization as defined in 8 C.F.R. 214.2(h)(19)(iii)(C).  Under 8 C.F.R. 214.2(h)(19)(iii)(C), a non-profit research organization is “an organization that is primarily engaged in basic research and/or applied research. Basic research is also research that advances scientific knowledge, but does not have specific immediate commercial objectives although it may be in fields of present or potential commercial interest.  It may include research and investigation in the sciences, social sciences, or humanities.  Applied research is research to gain knowledge or understanding to determine the means by which a specific, recognized need may be met.  Applied research includes investigations oriented to discovering new scientific knowledge that has specific commercial objectives with respect to products, processes, or services.  It may include research and investigation in the sciences, social sciences, or humanities.”

Thus, our office argued that our client-company is qualified as a non-profit research organization as defined in 8 C.F.R. 214.2(h)(19)(iii)(C) so it is exempt from the numerical limitation.

Once retained, our office filed the H-1B visa extension petition with various supporting documents on November 15, 2016.

Eventually, our client’s H-1B application was approved on June 19, 2017, without any Request for Evidence (RFE).  He can now work for his employer for three more years.

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CASE: Marriage Based Adjustment of Status (I-130/I-485)

NATIONALITY: Iranian

LOCATION: Atlanta, Georgia

Our client was a citizen of Iran who came to the U.S. on a J-2 Visa in October 2006.  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 came to the United States, he has remained in the United States beyond the expiration of his authorized stay period.  He turned 21 in 2011.  Later, our client married his current U.S. citizen wife in September 2015. He would like to get a waiver because he can get a green card based on his U.S. citizen wife’s I-130 petition. 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 2011.

Our firm was retained to do his J-2 waiver, and on May 26, 2016, 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 June 20, 2016, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  

Once his J-2 waiver was approved, our client retained our office again for his adjustment of status application. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on August 23, 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 June 13, 2017, our client was interviewed at the Atlanta, Georgia USCIS office.  The interview went well, and eventually, on June 21, 2017, his green card application was approved.

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CASE: N-336 (Citizenship / Naturalization / Request for a Hearing on a Decision in Naturalization Proceedings)
APPLICANT: Liberian
LOCATION: Cleveland, OH

Our client filed an N-400 application in February 2015 to the USCIS. He came to the United States from Liberia and obtained his green card in 2009.  However, in July 2015, the USCIS denied his naturalization application and stated that our client failed to establish that he met the Good Moral Character requirement for naturalization. The USCIS especially questioned our client’s previous marriage and mentioned that it was invalid. The USCIS informed him that if he believes that he can overcome the grounds for the denial, he can submit a request for a hearing on Form N-336 within 30 calendar days of the issuance of the denial decision.  He retained our office and sought for legal assistance of his N-336 application.

The N-336 application was filed on August 21, 2015, with all supporting documents including our client’s affidavit, letters from his family, documents to show that our client has supported his daughter from the previous marriage. Our office prepared him before his N-336 interview, and also accompanied him on October 8, 2015, at the Cleveland CIS office. Our client explained about his previous marital life and submitted all of the requested documents. Eventually, on April 27, 2017, his N-336 application was approved. His oath taking already took place and he became a naturalized U.S. Citizen.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Little Rock, AR

Our client came to the United States as an H-1B visa holder to teach in the U.S. in 2007. Her H-1B status reached the maximum 6 years, but her current employer accepted her for a teaching position on a J-1 status. She changed status from H-1B to J-1 and her current employer was willing to file an I-140 employment petition for her permanent residency. However, 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. Her J-1 is subject to the two-year foreign residency requirement. It is much harder to obtain a no objection statement from the Philippines if you don’t have a US Citizen spouse or child, but we thought there was enough factors in her case to warrant a waiver.

Upon retention, our office promptly prepared 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 December 4, 2015, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Arkansas State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippines Government) were sent to the Philippines Consulate General in Chicago for further authentication.  On January 21, 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 the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on April 10, 2017, the USCIS issued an I-612 approval notice for the waiver.

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CASE: H-1B1 Extension

PETITIONER: Education Consulting Organization

BENEFICIARY: Singaporean Market Research Analyst

LOCATION: Pennsylvania

Our client is an education consulting organization located in Western Pennsylvania. They contacted our office in January 2017 to seek assistance from our office for their foreign employee’s H-1B1 extension. The beneficiary is from Singapore and she has bachelor’s degree. The beneficiary has more than 10 years professional work experience in the field of management and marketing. The proffered position for the Beneficiary is a Market Research Analyst which we argued qualified as a specialty occupation. Since she is the Singaporean National, she was eligible to get H-1B1 status in 2016.

After retention, our office promptly filed the H-1B1 visa petition with various supporting documents on February 20, 2017 via regular processing. We also gathered supporting documents from both the Petitioner and Beneficiary and did research on the industry, focusing on similarly sized businesses, to demonstrate that a bachelor’s degree is commonly required for this position.

Moreover, in our brief, our office argued that the degree requirement is common to this industry in parallel positions among similar organizations.  Also, we provided evidence that Petitioner’s competitors normally require degrees in a specific specialty for closely related positions like that of Market Research Analyst.  Moreover, our office asserted that the nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree in a specific specialty.

Eventually, our client’s H-1B1 application was approved by the USCIS Nebraska Service Center on June 15, 2017. She can work for her employer until March 2018.  

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