CASE: I-485 (National Interest Waiver)

CLIENT: Korean

LOCATION: Santa Clara, California

Our client contacted us in June 2013 about the possibility of doing a National Interest Waiver application for him. He is a post-doctorate researcher and scientist in the field of Aerospace Engineering and Science, and was working as a research fellow for NASA at the time of his filing.

Our client is an extraordinary researcher and engineer in the field of Aerospace Engineering Research; specifically, computational fluid dynamics (CFD) and flow control.

His significant contributions have placed him at the pinnacle of the field of Aerospace engineering. Our client’s expertise is in the development of computational fluid dynamics (CFD) which meets the contemporary requirements for not only conventional development but also revolutionary aircraft design. He has been helping a U.S. aircraft company investigate the feasibility of their designs under consideration by performing very complex CFD analysis and suggesting alternative optimal new configurations.

Upon review of his credentials and qualifications, our office determined that he was qualified for the National Interest Waiver (NIW) category. Being qualified for the NIW is beneficial since you would not need an employer nor family member to petition 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 9 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 45 exhibits. Our office filed his I-140(NIW) petition at the USCIS Nebraska Service Center on July 29, 2013 along with his I-485 adjustment of status application.

However, on September 16, 2013, the USCIS issued a Request for Evidence for his I-140 petition. In response to the RFE request, our office prepared a brief which included notes from scientists in the field regarding updates of his work and the importance of his past work in physics-based turbulence model and computational fluid dynamics research.  We also emphasized our client’s past accomplishments and the benefits of his work. Our Response to RFE was filed on November 13, 2013. Eventually, on December 6, 2013, the USCIS Nebraska Service Center approved our client’s I-140 petition.

When we filed our client’s I-140 (NIW) application, we concurrently filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time. While our client was waiting for the adjudication of his I-140, our client received his work permit and travel permit from the USCIS.

Eventually, on March 13, 2014, the USCIS Nebraska Service Center approved our client’s adjustment of status application. He is now a green card holder.

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CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, No Objection Statement

 NATIONALITY: Burmese

 LOCATION: East Lansing, MI

Our client came to the U.S. on a J-1 Visa in September 2012 from Myanmar.  She came to the U.S. for her research program, and her J-1 visa made her subject to the two-year foreign resident requirement.

In June 2013, our client married her U.S. Citizen husband and she wanted to apply for permanent residency. However, due to the two-year foreign residency requirement, she had to obtain a waiver first.

After she retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Myanmar Embassy in the United States.  Our office contacted the Embassy in Washington D.C. to make sure we knew all the requirements needed for their office to issue a no objection statement.  The Embassy requested seven different documents including a statement of reason for the waiver, the applicant’s resume, a copy of her valid Myanmar passport, a copy of her marriage certificate and a copy of Form DS-3035.

On November 27, 2013 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Myanmar Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file a marriage based adjustment of status application but for the waiver.

The Myanmar Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On February 27, 2014, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued a receipt and an I-612 approval notice on March 6, 2014.  Now that our client’s two-year foreign residency requirement is waived, she can file an adjustment of status application with her husband’s I-130 petition.

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 CASE: I-485 based on Approved I-140 (EB-2)

 APPLICANT: Filipino

 LOCATION: Erie, PA

Our client is a family physician from the Philippines, who is currently working at a hospital which was willing to petition him for a second-preference petition (I-140).  Our client has an M.D. degree and is licensed physician in the state of Pennsylvania. He has maintained his status as an H-1B visa holder in the United States.  After talking to our client, our firm concluded that his potential employer can petition him as a Family Medicine Physician. Based on our client’s educational, professional and working background, our office determined that he is clearly eligible for an EB-2 classification for his I-140 petition.

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 16, 2011.  On May 10, 2012, we promptly filed PERM.  Eventually, on July 17, 2012, a little after two months from filing, the PERM Labor Certification was approved – an EB2 position for the Filipino 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, state physician license, our client’s M.D. degree, and other necessary supporting documents.

The I-140 Petition was filed on September 11, 2012 via regular processing service.  On May 3, 2013, the I-140 EB2 Petition for our Filipino client was approved.

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 October 18, 2013. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on March 3, 2014, the USCIS Texas Service Center approved our client’s adjustment of status application. He is now a green card holder.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Indian
LOCATION: Long Island, NY

Our client came to the United States in September 2006 with an H-1B work visa from India. Since then, he has maintained his H-1B status, and his employer filed an I-140 petition for him as well.

He married a U.S. Citizen in June 2013 and retained our office on August 7, 2013 for his adjustment of status application.

Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on October 9, 2013.  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 March 6, 2014, our client was interviewed at the Holtsville, NY USCIS.  Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. On the same day, his green card application was approved.

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CASE: Marriage to US Citizen Green Card

CLIENT: Indian

LOCATION: Cleveland, OH

Our client came to the United States from India. Currently, she is working for her employer under an H-1B visa.  Later, she married her current husband, who was a green card holder at the time of filing, in September 2012.

Our client retained our office in the middle of September 2013 for her I-130 petition and I-485 adjustment of status application. Although the Petitioner was a green card holder, we could file the I-130 / I-485 simultaneously at that time because the priority date for the F2A category was current in August and September 2013.

Our office prepared and filed an I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on September 26, 2013. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

While her green card application was pending, our client’s husband took his naturalization test and interview in February 2014.  Prior to the interview, we thoroughly prepared our clients at our office. On February 6, 2014, our client was interviewed at the Cleveland, Ohio USCIS office.

The interview went well, however, our client’s green card application could not be adjudicated because of the retrogression of priority dates.

On February 21, 2014, our client’s husband finally took his oath and became a naturalized U.S. citizen. After the ceremony, our client’s husband gave us a copy of his naturalization certificate which our office eventually submitted to the USCIS office on the same day.

By doing this, our client’s case was upgraded from the F2A category to Immediate Relative, which has available immigrant visa numbers all the time. Eventually, on February 27, 2014, the USCIS approved our client’s green card application.

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CASE: Adjustment of Status Based on Approved K-1 Visa

CLIENT: Filipino

LOCATION: Dallas, TX

Our client came to the United States in November 2012 as a K-1 visa entrant from the Philippines.  Our client is the beneficiary of an approved I-129F petition. He came to the United States as a K-1 Fiancé of a U.S. Citizen whom he married within 90 days of his entry. By law, if you married your petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible to apply for adjustment of status (green card) in the United States.

Our client contacted our office initially in the middle of February 2013 and consulted with us for his adjustment of status application. After retention, our firm quickly prepared and filed the I-485 Adjustment of Status Application on March 11, 2013.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.

It is not mandatory to have an adjustment of status interview for an applicant who entered on a K-1 visa.  However, the USCIS may require an interview to test the validity and bona fide nature of the marriage between the Petitioner and Beneficiary. The USCIS did not require an adjustment interview for our client.  On February 19, 2014, his green card application was approved.

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CASE: I-360 Special Immigrant Juvenile Status Petition

CLIENT: Guatemalan

LOCATION: Cleveland, OH

Our client came to the United States in September 2012 from Guatemala. He came to the United States without the inspection and admission and was caught at the border. After the DHS released him, he was placed in removal proceedings. He came to Cleveland, Ohio to be reunited with his older brother who resides in the Cleveland area.

He retained our office in April 2013 for representation in his removal proceedings. On June 4, 2013, our client appeared at the Cleveland Immigration Court for his master calendar hearing. Attorney Yu from our office represented him, did pleadings and sought asylum relief. After the hearing, our office also sought other options for our client since he was a minor.

Section 203(b)(4) of the INA allocates a percentage of immigrant visas to individuals considered “special immigrants” under section 101(a)(27) of the INA, including those aliens classified as special immigrant juveniles under Section 101(a)(27)(J). “Special Immigrant Juvenile” includes only those juveniles deemed eligible for long-term foster care based on abuse, neglect, or abandonment.  To be eligible as a SIJ, the DHS’ express consent to the juvenile court’s dependency order is required. Then, the approved SIJ petition (Form I-360) makes a minor petitioner immediately eligible to adjust status by filing an adjustment of status application.

Our client was 17 years old when he contacted our office. In fact, our client was not supported by his parents and had to work in farms to support himself since he was 8 years old in Guatemala. Our client’s sister-in-law, who is a U.S. citizen and lives with our client, would like to be a legal guardian of our client. With our help, she filed a complaint for him to be deemed a neglected child. The complaint was filed to the Cuyahoga County Juvenile Court on October 10, 2013.

The Juvenile court hearing was scheduled on November 26, 2013. Attorney JP Sarmiento represented our client and his sister-in-law at the hearing. Eventually, on the same day, the court found that our client is neglected and dependent and our client’s sister-in-law was appointed legal guardian.

After that, our office filed the I-360 application on December 2, 2013 to the USCIS. The application was supported by a court order declaring dependency by the juvenile court, court order deeming the juvenile eligible for long-term foster care due to abuse, neglect, or abandonment, determination from the juvenile court that it is in our client’s interest not to be returned to Guatemala, and his birth certificate.

Our client appeared for his I-360 interview on January 10, 2014 at the Cleveland USCIS Field Office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. However, after the interview, the USCIS issued the Notice of Intent to Deny.  Specifically, the USCIS alleged that the juvenile court’s order was not sufficient enough to adjudicate his I-360 petition because the juvenile court did not expressly declare that it is in our client’s interest not to be returned to Guatemala.

After the issuance of the NOID, our office contacted the juvenile court and sought for possible amendment of the judge’s decision. In response to our request, the juvenile court issued an amended decision and held that the sentence regarding the child’s best interests was omitted. The court found that it is not in the best interests of our client to be returned to Guatemala. Our office filed the response to the NOID on February 3, 2014 along with juvenile court’s new decision.

Eventually, the USCIS approved our client’s I-360 petition on February 19, 2014. Now, our office can terminate his proceedings with the Immigration Court. Once it is terminated, our client can file his adjustment of status application.

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CASE: I-485 (National Interest Waiver)

CLIENT: Korean

LOCATION: Cleveland, Ohio

Our client contacted us in April 2012 regarding the possibility of doing a National Interest Waiver self-petition for him. He is a post-doctorate researcher and scientist in the field of Material Science / Engineering, and is currently working as a post-doctorate researcher in an academic institution in Cleveland, Ohio.

His significant contributions have placed him at the pinnacle of the field of material science and engineering. He is a leading scientist with an excellent reputation in alloy design, especially in titanium alloys which are promising structural and functional materials for the next generation. Our client successfully brazed Ti alloys which are mostly used in aerospace and chemical applications. Successfully joining of titanium alloys is of great importance to national defense. He also developed very low-melting Ti-based filler alloys for Ti alloys. Lower brazing temperature would ensure lower risk of damaging aerospace components during processing.

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 23-page brief for our client’s NIW filing. Our client also obtained 9 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication records, patents, 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 58 exhibits.

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on November 8, 2012. Eventually, on November 14, 2013, the USCIS Nebraska Service Center approved our client’s I-140 petition.

While his I-140 was pending, we filed an I-485 adjustment of status application for our client on November 6, 2013. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on February 21, 2014, the USCIS Nebraska Service Center approved our client’s adjustment of status application. Now, our client is a green card holder.

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CASE: H-1B Change of Employer (Cap Exempt to Non Cap Exempt)

PETITIONER: Industrial Material Company

BENEFICIARY: Chinese Industrial Material Research Scientist

LOCATION: Ohio

Our client is an industrial material company focused on the production and commercialization of high-performance / non-immunogenic biomaterials for use in the medial and consumer healthcare arenas. They are located in Wooster, Ohio. They contacted our office in early January 2014 to seek legal assistance from our office for their foreign employee. The beneficiary is from China and he obtained his Master’s degree in Plant Pathology in the United States. The proffered position for the Beneficiary is an industrial material research scientist which qualifies as a specialty occupation. This proffered position is clearly a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Science/Engineering or its equivalent.

The foreign beneficiary in this case already had his H-1B visa from his previous employer.  However, his H-1B visa was not yet expired, and he wanted to extend his H-1B status on a change of employer basis. His H-1B at that time was with his first petitioner, which was a cap-exempt organization – a university.

There were articles online noting that when a change of employer is done from a cap-exempt organization to a non cap-exempt organization, that the change of employer may be subject to the cap. But there was no specific law on that. We simply based the application on the fact that it was a change of employer, and thus the petition should be exempted from the annual cap of the H-1B.

Once retained, our office filed the H-1B visa petition with various supporting documents on January 29, 2014 via regular processing.  Since this petition was based on a change of employer, we argued that this petition was exempt from the annual cap of the H-1B.  Thus, we could file prior to April 1.

There were no Requests for Evidence during the processing of the H-1B.  Our client did not even want to do premium processing. But in approximately two weeks, our client’s H-1B Petition was approved on February 14, 2014.  Now the Beneficiary can work for his Petitioner-Employer as an H-1B visa holder and he can work there for the next three years.

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CASE: H-1B Change of Employer

PETITIONER: Fashion Retailer Company

BENEFICIARY: Filipina Textile Product Designer

LOCATION: New York, NY

Our client is a nationwide fashion retailer headquartered in New York City. They contacted our office in late September 2013 to seek assistance from our office for their foreign employee. The beneficiary is from the Philippines and she obtained her Bachelor’s degree in fashion design and marketing. The proffered position for the Beneficiary is textile product developer/designer which we argued qualifies as a specialty occupation

The foreign beneficiary in this case already had her H-1B from her previous employer which was in a similar industry.  Her H-1B status was not yet expired, and she wanted to extend her H-1B status on a change of employer basis.

After retention, our office promptly filed the H-1B visa petition with various supporting documents on November 5, 2013 via regular processing.  Since this petition was based on a change of employer, this petition was exempt from the annual cap of the H-1B.  Thus, we could file prior to April 1, 2014.  There were no Requests for Evidence during the processing of the H-1B.  Eventually, our client’s H-1B Petition was approved on February 13, 2014.  Now the Beneficiary can work for her Petitioner-Employer as an H-1B visa holder and she can work there for the next three years.

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