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

Our client is a U.S. citizen who married his wife in Johannesburg, South Africa in 2015.  After the marriage, he came back to the United States and contacted our office and retained us to bring his wife and step-children to the States.

Our office prepared and filed three I-130 petitions for his wife and step-children to the USCIS on December 7, 2015. After the I-130 petitions were filed, everything went smoothly, there were no requests for evidence, and the receipt notices came on time. The I-130 Petitions were approved on April 20, 2016.

After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on June 16, 2016, who in turn forwarded our clients’ materials to the U.S. Consulate at Johannesburg, South Africa. An interview notice was set for the client at the US Consulate in Johannesburg, and we prepared them for the interview. On October 11, 2016, the interview was conducted.  Eventually, after the interview, the U.S. Consulate in Johannesburg, South Africa approved and issued their immigrant visas.

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

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CASE: I-751

APPLICANT: Kenyan

LOCATION: Cleveland, OH

Our client contacted our office in January of this year regarding his I-751 application.

He is from Kenya and obtained his conditional residency based on being the minor son of his mother. In October 2005, while he was in Kenya, his mother married her U.S. citizen husband and got her conditional permanent residency through the marriage. Her U.S. citizen husband filed the I-130 petition for our client and as a result, our client got his immigrant visa in December 2006. Later, his mother got divorced to her U.S. citizen husband, but she removed the condition on her permanent residency. However, she did not file the I-751 petition for our client because she did not know that our client also should apply.

Without the proper guidance of any immigration counsel, our client’s mother filed I-130 petition again for our client and our client filed his green card. Obviously, because of the wrong procedures that they took, our client was placed in removal proceedings. Nevertheless, the Immigration Judge administratively closed his proceedings and advised him to file I-751. she married a U.S. citizen in July 2007. Through her marriage, she obtained a 2-year conditional green card in March of 2008.  Her conditional residency terminated in March 2010.

The USCIS still allows the I-751 applicant to file his or her I-751 application as long as there is a good cause for the late filing. After the administrative closure of his case, our client then retained our office for the I-751 filing. Once retained, our office prepared an I-751 application for our client with his mother’s divorce decree, naturalization certificate, and his letter to explain his late filing.

On February 16, 2016, our office filed an I-751 application to the USCIS with an affidavit of applicant to explain his late filing and other supporting documents.

Eventually, on October 4, 2016, the USCIS approved our client’s I-751 application without any RFE or interview. Now, he has her ten-year green card.

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CASE: EB-2 / I-140

EMPLOYER: IT Consulting Company

BENEFICIARY: Indian Computer Systems Analyst

LOCATION: Jacksonville, FL

Our client is a computer systems analyst from India, who is currently working at an IT consulting company in Jacksonville, Florida who was willing to do an immigration petition for him for a second-preference petition (I-140 EB-2).  Our client has a Master of Science degree in Computer Information Systems and has worked for this company under H-1B status.  After talking to our client, our firm concluded that his employer can petition him as a Computer Systems Analyst II. Based on our client’s educational, professional and working background, our office determined that he is clearly eligible for the EB-2 classification for his I-140 petition.

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. Once retained, our office filed the prevailing wage request in April 2015.  On October 16, 2015, we filed the PERM labor certification application.  Eventually, on March 24, 2016, less than 6 months from filing, the PERM labor certification was approved – an EB2 position for the Indian Computer Systems Analyst.

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 2, 2016 via regular processing service. Eventually, on October 6, 2016, the I-140 EB-2 Petition for our Indian client was approved without any Request for Evidence (RFE). Our client can file his I-485 adjustment of status application once his priority date becomes current.

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CASE: PERM Labor Certification    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Korean Dentist

Our client is from South Korea, who is currently in H-4 status. Her prospective employer was willing to do an immigration petition for her, third-preference. Our client has a Bachelor of Fashion Design Degree and she used to work as a fashion designer in South Korea. After talking to our client, our firm concluded that her prospective employer can petition her as a Fashion Design and Display Manager. Based on our client’s educational, professional and working backgrounds, our office determined that she is clearly eligible for EB-3 classification.

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 February 5, 2016, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on May 5, 2016.  On July 15, 2016, we promptly filed PERM.  Eventually, on October 5, 2016, the PERM Labor Certification was approved – an EB3 position for the Korean beneficiary. Now our client can file the I-140 petition.

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CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Dallas, TX

Our client contacted us in May 2015 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 renewable energy technology.

His significant contributions have placed him at the pinnacle of his field of endeavor. Throughout his research career, our client has made critical research contributions and developed an innovative algorithm to forecast the future variability of long-term wind power scenarios by analyzing the power spectral density of wind power outputs. Moreover, our client suggested an innovative stochastic storage operation algorithm based on his probabilistic wind power forecasting algorithm in order to limit the severe ramp rates of wind power. His expertise in probabilistic renewable energy forecasting is 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 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 19-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 34 exhibits (Exhibit A to HH).

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on July 7, 2016. Eventually, on October 3, 2016, 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: Public School

BENEFICIARY: Filipino Middle School Language Arts Teacher

LOCATION: New Mexico

Our client is currently working as a language arts teacher whose current employer was willing to petition him for a second-preference petition (I-140).  Our client has a bachelor’s and a master’s degree in a related field and work experience. He has been working for his current employer under H-1B status. Based on our client’s educational, professional and working background, our office determined that he is clearly eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us in 2015.

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 November 20, 2015.  On February 16, 2016, we promptly filed PERM.

However, on June 23, 2016, 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 July 6, 2016.  

Eventually, on September 30, 2016, the PERM Labor Certification was approved – an EB2 position for the Filipino 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: PERM Labor Certification    
EMPLOYER: Culture Center / Culture School
BENEFICIARY: Chinese
LOCATION: St. Paul, MN

Our client is from China, who is currently staying in the United States on an F-2 status. She has a prospective employer who was willing to do an immigration petition for her, third-preference. Our client has a Bachelor’s degree in Arts Education. After talking to our client, our firm concluded that her employer can petition her as an Early Childhood Creative Programs Director. Based on our client’s educational, professional and working backgrounds, our office determined that she is clearly eligible for EB-3 classification.

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 16, 2015, the prevailing wage request was filed.  After we obtained foreign degree evaluation report and Prevailing Wage determination, our office filed the job order on August 11, 2015.  On October 27, 2015, we promptly filed PERM.  Eventually, on March 28, 2016, the PERM Labor Certification was approved – an EB3 position for the Chinese 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 financial records, and other necessary supporting documents. The I-140 Petition was filed on July 11, 2016 via premium processing service. However, the USCIS issued Request for Evidence (RFE) on July 25, 2016 and requested the Petitioner’s tax record to demonstrate whether Petitioner has sufficient net current asset to pay proffered wage of beneficiary. On September 29, 2016, our office filed the Response to RFE to USCIS along with Petitioner’s 2015 federal tax record. Eventually, on October 5, 2016, the I-140 EB-3 Petition for our Chinese client was approved. Our client can file her I-485 adjustment of status application once her priority date becomes current.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Mexican                                                                                                        

LOCATION: Dallas, TX

Our client is from Mexico who came to the U.S. on a B-2 Visitor’s Visa in May 2015.  In July 2015, our client married his current U.S. citizen wife.  He retained our office in July 2015 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 25, 2015.  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 via conference calls as well. On September 6, 2016, our client was interviewed at Irving Texas USCIS office. Eventually, on September 28, 2016, his green card application was approved.

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CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipina

LOCATION: Beneficiary: Philippines / Petitioner: Houston, TX

Our client is in the Philippines. Her prospective employer-sponsor is willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she has a registered nurse license and the proffered position for her is a nurse manager at the nursing care facility, the petition wanted to try going for a “Schedule A” classification. They also wanted to do EB2 (requiring at least a Masters degree or Bachelors degree + 5 yrs experience).

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 having to file a Labor Certification with the Department of Labor. 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. We argued that the position of Health Services Manager should be classified under Schedule A. We argued that it falls under the broad spectrum of “professional nurse” occupations. We also argued that the job description has excerpts that fall under “professional nurse” and that the description justifies the requirements also of Bachelor’s degree in nursing and five years of related experiences.

Our client has a Bachelor’s degree in nursing and 5 years of experience as a staff nurse. She also has a registered nursing license in the state of Texas. Our office was retained and we started on the Prevailing Wage Determination filing and other related matters.

Once the prevailing wage was determined, we filed the I-140 application on September 20, 2016 via premium processing. We included a job offer letter, the notice of filing, employment letter, and other necessary supporting documents. In our cover brief, we included the “ability to pay” argument and why the nurse manager position falls under a Schedule A and EB2 designation.

Eventually, on September 29, 2016, the USCIS Texas Service Center approved her EB-2 I-140 petition. Now, with the approved EB-2 I-140 petition (priority date for EB2 Philippines nationals is current), she can file immigrant visa in the Philippines.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Kenyan
LOCATION: Las Vegas, NV

Our client is a citizen of Kenya who came to the U.S. on a J-2 Visa in 2007.  She came with her husband who held a J-1 Visa as a Ph.D student.  Both were subject to the two-year foreign residency requirement.

Unfortunately, while they are residing in the United States, her marriage did not work out well. Eventually, she got divorced from her ex-husband.  Thereafter, she lost her J-2 status in the United States; but she was still subject to the two-year foreign residency requirement.  Later in July 2015, she married her U.S. Citizen husband.  He intends to file I-130 petition for her, but she could not file adjustment of status in the U.S. and change her status to other non-immigrant visa in the United States because of the 2 year foreign residency requirement.

In August of this year, our client contacted our office. She retained our firm to do her J-2 waiver on August 8, 2016. On August 11, 2016 the J-2 Waiver (DS-3035) 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 was divorced from the J-1 visa holder.  Eventually, on August 29, 2016, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Finally, the USCIS issued I-612 waiver approval notice on September 21, 2016.  Now, our client’s U.S. citizen husband can file I-130 petition for our client and our client can file an adjustment of status application (I-485) for her green card with a waiver.

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