CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina Special Education Teacher

LOCATION: Alamo, NM

Our client has a current employer that was willing to petition for a third-preference (I-140).  Our client has a Bachelor’s degree in Psychology, a valid New Mexico Teaching license, and has worked for her current employer since August 2017. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in September 2020.

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, the employer filed the job order on March 11, 2021.  On June 17, 2021, we promptly filed PERM. 

Eventually, on December 3, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. Our client can file the I-140 petition at any time.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipino

LOCATION: Sacramento, CA

Our client is from the Philippines who came to the U.S. on a B-2 visitor’s visa in September 2016. Since then, he has remained in the United States.  In June 2019, our client married his U.S. citizen wife.  He retained our office on August 26, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 27, 2019.  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 via conference calls. On November 22, 2021, our client was interviewed at the Sacramento, CA USCIS office. Eventually, on November 23, 2021, his green card application was approved.

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CASE: I-140 (EB-3 Category) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse in the Philippines

LOCATION: Houston, TX

Our client is a Filipina registered nurse who currently works in the Philippines. Her prospective employer was willing to petition for a third-preference employment immigrant visa 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 a Texas Registered Nursing License. Our firm told her that her prospective employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on May 4, 2021 and we started on her Prevailing Wage Request. Her PW request was filed on May 11, 2021. 

We filed the I-140 application on November 15, 2021 via premium processing. We included the job offer letter, the notice of filing, financial ability to pay letter, and other necessary supporting documents. Eventually, on November 29, 2021, our client’s I-140 petition was approved without any Request for Evidence (RFE). Now, our client can file an immigrant visa application based on the approved I-140 petition.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Indian                                                                                      

LOCATION: Stow, OH 

Our client is from India who came to the U.S. on an H-1B visa. In May 2021, our client married her U.S. citizen husband.  She retained our office on May 10, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 1, 2021.  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 via conference calls. On December 2, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu, Esq. accompanied our clients as well. On the same day of the interview, her green card application was approved.

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CASE: I-130 (Petition for Parent) and Adjustment of Status
CLIENT: Kenyan
LOCATION: Ashland, OH

Our client retained us to petition his father who came to the U.S. from Kenya. Our client is a US citizen by birth and his father came to the United States in 2003 as a F-1 visa holder. He contacted our office in February of 2021. He retained our office on February 26, 2021.  

Once retained, our firm prepared and filed I-130 Immigrant Visa Petition and the I-485 Adjustment of Status Application on March 23, 2021.  Everything went smoothly and the receipt notice, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our clients as well. On November 19, 2021, our client’s father was interviewed at the Cleveland, Ohio USCIS office.  Attorney Sung Hee (Glen) Yu, Esq. from our office also accompanied our clients. Eventually, on the same day of the interview, the  adjustment of status application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese                                                                                                

LOCATION: Marysville, OH 

Our client is from China who came to the U.S. on a B-2 visitor’s visa in May 2015. Since then, she has remained in the United States. In November 2020, our client married her U.S. citizen husband.  She retained our office on November 13, 2020 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 11, 2020.  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. On November 8, 2021, our client was interviewed at the Columbus, OH USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well. On November 22, 2021, her green card application was approved.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Ukrainian
LOCATION: Mayfield Heights, OH

Our client contacted our office in late December 2018 regarding her potential I-751 filing. She is from Ukraine and she married a U.S. citizen in February 2018. Through her marriage with a U.S. citizen spouse, she obtained a 2-year conditional green card in June of 2018. Therefore, her conditional residency terminated in June 2020.

Unfortunately, during their marriage, our client and her ex-husband went through struggles. They lived separately for a while and their divorce was finalized in December 2018. Thus, our client could not file the I-751 application jointly with her ex-husband. After consultation, we advised that we can help her file the I-751 application with a waiver of the joint filing requirement. We requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition.

On January 9, 2019, our office filed the I-751 application with various supporting documents to demonstrate our client’s bona fide marriage with her ex-husband. 

In October 2020, the USCIS issued a Request for Evidence (RFE) for our client and requested to that she submit more bona fide marital evidence with her ex-husband. Our office prepared and filed the Response to RFE on November 10, 2020.  

In September 2021, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client in or office for potential issues at the interview. On November 18, 2021, our client was interviewed for her I-751 application at the USCIS Cleveland, OH Field Office. Attorney Sung Hee (Glen) Yu from our office accompanied our client. The interview was very extensive and the officer questioned her a lot on the nature of her marriage with her ex-husband.  Nevertheless, the USCIS approved her I-751 application on November 18, 2021. Now, she has her ten-year green card.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Saudi Arabian
LOCATION: Riyadh, Saudi Arabia

Our client is a citizen of Saudi Arabia who came to the U.S. on a J-2 Visa in April 2017.  She came with her husband who held a J-1 Visa as a researcher.  Both were subject to the two-year foreign residency requirement. 

She got divorced from her husband in March 2021 and went back to Saudi Arabia. Our client wanted to be petitioned for H-1B by her prospective employer; however, she cannot do it unless she fulfills the two year foreign residency requirement or obtains a waiver.

She retained our firm to do her J-2 waiver. On March 30, 2021, 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 September 30, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Finally, the USCIS issued the I-612 waiver approval notice on November 12, 2021.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                         

LOCATION: Cincinnati, OH 

Our client is from the Philippines who came to the U.S. on a B-1 business visitor’s visa in November 2019. Since then, she has remained in the United States. In December 2020, our client married her U.S. citizen husband.  She retained our office on March 12, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485Adjustment of Status Application on March 30, 2021.  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 via conference calls. On November 17, 2021, our client was interviewed at the Cincinnati, OH USCIS office. On the same day of the interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Peruvian

LOCATION: Big Sky, MT

Our client is from Peru who came to the U.S. on a J-1 exchange visitor’s visa in December 2019. His J-1 program was not subject to the 2 year foreign residency requirement. In June 2020, our client married his U.S. citizen wife.  He retained our office for his green card application on June 15, 2020.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 26, 2020.  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. On November 16, 2021, our client was interviewed at the Helena, Montana USCIS office. On the same day of his interview, his green card application was approved.

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