CASE: H-1B Visa Petition

PETITIONER:  Dental Clinic

BENEFICIARY: Nepalese Dentist in Cleveland, OH

Our client is a dental clinic located in Cleveland, Ohio.  They contacted our office in early March of this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained her Doctor of Dental Surgery in the United States. Moreover, she is a licensed dentist in the state of Ohio. The proffered position for the Beneficiary is an associate dentist which clearly qualifies as a specialty occupation.

Upon retention, our office prepared and eventually filed the H-1B visa petition with various supporting documents on March 31, 2016 via regular processing service. This H-1B petition was selected after the lottery.

However, the USCIS issued Request for Evidence (RFE) on June 8, 2016 and requested beneficiary’s pay stubs during her OPT employment. Moreover, the USCIS asked Beneficiary to submit evidence to show whether she has maintained her non-immigrant status lawfully in the United States. Our office gathered the evidence from Beneficiary and submitted the Response to RFE to USCIS on June 22, 2016. Eventually, our client’s H-1B application was approved on August 24, 2016.

{ 0 comments }

CASE: I-129 (O-1B Petition)

CLIENT: Korean

LOCATION: Columbus, OH

Our client contacted us in May 2016 about the possibility of getting an O-1B visa in the United States. She is a renowned solo / collaborative pianist and is currently working with different performing groups and music establishments.  Our client was first place in several national competitions and had a chance to perform in Carnegie Hall in New York, one of the most prestigious musical venues in the world. She also performed in various distinguished musical groups, orchestras and bands.  Upon review of her credentials and qualifications, our office determined that she was qualified for the O-1B visa petition, alien of extraordinary ability in the Arts.

The regulation at 8 C.F.R. Section 214.2(o)(3)(iv) sets forth a multi-part analysis. First, a petitioner can demonstrate the beneficiary’s recognition in the field through evidence that the alien has been nominated for, or the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award. 8 C.F.R. Section 214.2(o)(3)(iv)(A).

If the petitioner does not submit this evidence, then a petitioner must submit sufficient qualifying evidence that satisfies at least three of the six categories of evidence listed below.

1. Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements
2. Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
3. Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.
4. A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications
5. Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’s achievements
6. A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence.

After the review of our client’s credentials and qualifications, we determined that our client meets 4 of the 6 categories, which is more than 3 required as an alien of extraordinary ability in Arts. She performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation. She achieved national or international recognition for her achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publication. She performed and will perform in a critical role for distinguished music groups, musicians, and musical establishment, and she has received significant recognition for her musical, scholarly, and performance achievements from various experts in her field of endeavor.

Our office prepared a 21-page brief for our client’s O-1B filing. Our client also obtained 9 letters of recommendation from experts in her field of endeavor. Our office also included her performance records, awards, media coverage, scholarly achievements, and other materials to show that she is an alien of extraordinary ability in piano performance.  Also, our office contacted the American Guild of Musical Artists and obtained a consultation letter (Advisory Opinion Letter) for her case. Lastly, we included her contracts with various employers and itineraries.

Our office filed her I-129 (O-1B) petition to the USCIS California Service Center on June 29, 2016 via regular processing. In August, our client decided to upgrade her case to premium processing, so our office filed premium processing request to USCIS on August 9, 2016.  Eventually, on August 19, 2016, the USCIS California Service Center approved the I-129 petition for our client’s O-1B visa.

{ 0 comments }

CASE: I-485 (Based on Approved EB-3 I-140)    
BENEFICIARY: Korean
LOCATION: Cleveland, Ohio

Our client is a former Taekwondo athlete, and is currently studying in the United States. He has a Taekwondo school which as willing to petition him for a third-preference petition (I-140).  Our client has a bachelor’s degree in a related field. After talking to our client, our firm concluded that his potential employer can petition him as a Taekwondo Coach.  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 educational, professional and working backgrounds, our office determined that he is clearly eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us on January 20, 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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On February 25, 2015, the prevailing wage request was filed.  After we obtained foreign degree evaluation report, our office filed the job order on April 21, 2015.  On July 15, 2015, we promptly filed PERM.  Eventually, on January 19, 2016, the PERM Labor Certification was approved – an EB3 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 April 8, 2016 via premium processing service. Eventually, on April 13, 2016, the I-140 EB3 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 6, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on August 15, 2016, the USCIS Nebraska Service Center approved our client’s adjustment of status application. Now, he finally is a green card holder.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Chicago, IL

Our client contacted us in March 2016 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Philippines and obtained her green card in February 2012 through marriage to her U.S. Citizen husband. She retained our office on March 14, 2016.

The N-400 application was filed on April 8, 2016 with all supporting documents. Prior to her citizenship interview, our office prepared her through conference calls. On August 15, 2016, our client appeared at the Chicago, IL 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 August 17, 2016. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

{ 0 comments }

CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Montana

Our client came from the Philippines on a J-1 visa in November 2013 to work as a teacher. According to her DS-2019, she was subject to the two-year foreign residency requirement. After her authorized stay period expired, she remained in the United States.

In October 2015, she got married to her U.S. citizen husband and later on consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. 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.

Upon retention, our office prepared and filed 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 November 2, 2015, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the Montana State Government to get authentication of the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippine Government) were sent to the Philippine Consulate General in Chicago for further authentication.  On January 5, 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 March 9, 2016, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on March 24, 2016, the USCIS issued an I-612 approval notice for the waiver.

Once her J-1 waiver was approved, our client retained our office again for her adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485Adjustment of Status Application on May 11, 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 August 18, 2016, our client was interviewed at the Helena, Montana USCIS office.  The interview went well, and eventually, on the same day of the interview, her green card application was approved.

{ 0 comments }

Our client contacted us in March 2016 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Haiti and obtained his green card in April 2002. He retained our office on March 15, 2016.

The N-400 application was filed on April 26, 2016 with all supporting documents. Prior to his citizenship interview, our office prepared him. On July 5, 2016, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on August 12, 2016. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

CLIENT: Indian

LOCATION: Cleveland, OH

Our client came to the United States from India on a B-2 visitor’s visa in December 2015. He married a U.S. Citizen in June 2015 in India and came to the United States with his wife to visit his in-laws. Later, they changed their plan and decided to stay in the United States. They contacted and retained our office for his green card application. They were concerned about possible immigrant intent issues due to the entry on a B-2 visa despite getting married in India prior to this entry. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 9, 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 August 15, 2016, our client was interviewed at Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, after the interview, his green card application was approved.

{ 0 comments }

CASE: I-485 Adjustment of Status Based on Approved I-360 Petition

NATIONALITY: Canadian

LOCATION: Florida

Our Canadian client came to the U.S. in February 2013. He entered the United States on a B-2 visitor’s visa for pleasure to go to Florida.

In October 2013, he contacted our office to seek legal representation for his I-360 petition.

Our client’s marital life was tough and he was abused by his spouse. He was hesitant at first because he was male, and believed VAWA cases for males were impossible. However, with his story and evidence, our office determined that he has a shot at an I-360 self-petition as a spouse of an abusive U.S. citizen.

Our client experienced domestic violence and spousal abuse during his marriage. His wife physically and mentally abused him after the inception of their marriage. Thus, we prepared and filed his I-360 petition and I-485 adjustment of status application, which included 40 exhibits and a detailed brief to the USCIS Vermont Service Center on February 14, 2014.

Despite our client’s thoroughly prepared I-360 application, in May 2014, the USCIS Vermont Service Center issued a Request for Evidence (RFE).  Specifically, the RFE letter requested our client to submit more documents to prove his marriage was in good faith at the time of the inception of marriage. Our client and our office gathered the requested documents, and filed a response to the RFE on July 24, 2014. On September 8, 2014, the USCIS Vermont Service Center approved our client’s I-360 petition.

In March 2015, the USCIS Orlando Field Office scheduled our client’s I-485 adjustment of status interview. Prior to the interview, we thoroughly prepared our client via conference calls. On April 14, 2015, our clients were interviewed at the Orlando, Florida USCIS office. The interview went well; however, his I-485 application was pending more than a year at the Field Office. Our office continuously followed-up with his application; eventually, on August 5, 2016, the USCIS approved our client’s I-485 adjustment of status application. Now he is a green card holder.

{ 0 comments }

CASE: I-140 (EB-2)

EMPLOYER: Non-Profit Housing Organization

BENEFICIARY: Kenyan Non-Profit Housewarming Project Manager

LOCATION: Cleveland, OH

Our client is currently working as a Non-Profit Housewarming Project Manager whose current employer 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 OPT status. Based on our client’s educational, professional and work background, our office determined that he is eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us.

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. On April 2, 2015, the prevailing wage request was filed.  Once we received the Prevailing Wage determination, our office filed the job order on August 20, 2015.  On November 20, 2015, we promptly filed PERM.

However, on May 2, 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 May 11, 2016.  

Eventually, on July 18, 2016, the PERM Labor Certification was approved – an EB2 position for the Kenyan 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 28, 2016 via premium processing service. Eventually, on August 8, 2016, the I-140 EB-2 Petition for our Kenyan client was approved without any Request for Evidence (RFE). When we filed his I-140, our office concurrently filed I-485 adjustment of status application for his green card. His green card will be approved once his priority dates are current.

{ 0 comments }

CASE: I-751

APPLICANT: Filipina

LOCATION: Tennessee

Our client contacted our office in May of 2014 regarding her I-751 application.

She is from the Philippines and 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.

To comply with immigration requirements, our client and her husband should have filed an I-751 Joint Petition to Remove Conditions before March 2010. However, due to financial and health related reasons for our clients, they could not file the I-751 application on time.

However, 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. She was placed in removal proceedings because she did not remove conditions on her residency.

In May 2014, the Memphis Immigration Court terminated her removal proceedings. She then retained our office for the I-751 filing. Once retained, our office prepared an I-751 application for our client with bona fide marriage evidence and a letter to explain their late filing.

On May 11, 2015, our office filed an I-751 application to the USCIS with affidavits of applicant and her husband to explain their late filing and other joint documents to demonstrate the bona fideness of their marriage.

On December 10, 2015, the USCIS issued a Request for Evidence (RFE) and asked our clients to submit more evidence regarding the bona fide nature of their marriage. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on March 2, 2016. The USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our clients via conference calls and informed them of potential issues at the interview.

On July 19, 2016, our client was interviewed for her I-751 application at the USCIS Memphis, TN Field Office.  The USCIS approved our client’s I-751 application after the interview. She now has her 10-year green card.

{ 0 comments }