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

EMPLOYER: Physicians’ Office

BENEFICIARY: Kenyan Nurse Practitioner

LOCATION: Houston, TX

Our client is a family nurse practitioner. Her prospective employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she is a family nurse practitioner, 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 Nurse Practitioner is included in Schedule A.

Our client has a Bachelors and Masters degree in nursing and is a certified Nurse Practitioner. Our office was retained on March 16, 2020 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on September 25, 2020 via premium processing. We included the 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 nurse practitioners must fall under the Schedule A designation.  Eventually, on October 14, 2020, the USCIS Texas Service Center approved her EB-2 I-140 petition without a Request for Evidence (RFE). 

Our client retained us again for her adjustment of status application. However, our office was informed that our client’s OPT was expired and she had continuously worked for her employer without the DHS’ authorization. Thus, she worked without authorization and overstayed her visa status. 

Section 245(k) of the Immigration and Nationality Act can render the normal bars to adjustment of status found in section 245(c)(2), (c)(7), and (c)(8) inapplicable to certain employment-based adjustment of status applicants who, since their last lawful admission to the United States have not, for an aggregate period of more than 180 days: 

1. Failed to maintain, continuously, a lawful status; 
2. Engaged in unauthorized employment; or 
3. Otherwise violated the terms and conditions of his or her admission

INA §245(k). 

An eligible derivative of an alien may benefit from section 245(k) in his or her own right if he or she has failed to maintain continuously a lawful status, worked without authorization, or otherwise violated the terms and conditions of his or her admission for an aggregate of 180 days or less pursuant to a lawful admission. 

(See page 2, Neufeld Memorandum July 14, 2008, “Applicability of section 245(k) to Certain Employment-Based Adjustment of Status Applications filed under Section 245(a). 

Our client has not accrued over 180 days of “failure to maintain lawful status” nor over 180 days of “unauthorized employment”, and as such, she was still eligible to adjust status based on the I-485 filing through INA 245(k).

As mentioned above, our office filed an I-485 adjustment of status application for our client on December 22, 2020. Our office also submitted a detailed cover brief and explained why our client is still eligible for the adjustment of status through the INA 245K subsection despite her overstay and unauthorized employment.  Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on November 1, 2021, her adjustment of status application was approved by the USCIS without an interview. 

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CASE: I-751

APPLICANT: Filipina

LOCATION: Polk, OH

Our client contacted our office in October 2020 regarding her I-751 application.

She is from the Philippines and she married a U.S. citizen in May 2018. Through her marriage, she obtained a 2-year conditional green card in November 2018.  Her conditional residency terminated in November 2020.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office on October 12, 2020, and our office prepared the I-751 application.

On October 20, 2020, our office filed the I-751 application to the USCIS. 

The USCIS issued a Request for Evidence (RFE). We filed the response on October 22, 2021.   

On November 2, 2021, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: India

LOCATION: Cleveland Heights, OH 

Our client is from India who came to the U.S. on an H-1B as a physician. In March 2021, our client married his U.S. citizen wife.  He retained our office on May 10, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 18, 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 via conference calls. On October 29, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney JP Sarmiento accompanied our clients as well. Eventually, on the same day of his interview, his green card application was approved.

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CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Biology Teacher

LOCATION: Casa Grande, AZ

Our client has a current employer who was willing petition her for a third-preference I-140.  Our client has a Bachelor’s degree in Secondary Education, a valid Arizona Teaching license, and has worked for her current employer since July 2016. Based on our client’s education and credentials, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in April 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 only 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, our office filed the job order on August 31, 2020.  On December 8, 2020, we filed PERM. 

On July 2, 2021, the Department of Labor issued a request for audit. The DOL requested documents from the 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 29, 2021.   

Eventually, on November 1, 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: India

LOCATION: Cleveland, OH 

Our client is from India who came to the U.S. on a F-1 student visa. In March 2021, our client married his U.S. citizen wife.  He retained our office on March 5, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 16, 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 via conference calls. On October 22, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients. On the same day of his interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                         

LOCATION: Tujunga, CA 

Our client is from the Philippines who came to the U.S. on a B-2 visitor’s visa in October 2008. Since then, she has remained in the United States. In March 2016, our client married her U.S. citizen husband.  She retained our office on March 24, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 6, 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 via conference calls. On October 20, 2021, our client was interviewed at the Los Angeles, CA USCIS office. On October 21, 2021, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: India

LOCATION: Youngstown, OH 

Our client is from India who came to the U.S. on a B-2 visitor’s visa in December 2018. Since then, he has remained in the United States. In December 2019, our client married his U.S. citizen wife.  He retained our office on February 3, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on March 26, 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. On October 25, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney JP Sarmiento accompanied our clients. On October 26, 2021, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Ghanaian

LOCATION: Akron, OH 

Our client is from Ghana who came to the U.S. on a F-1 student visa. In December 2018, our client married his U.S. citizen wife.  He retained our office on March 2, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 16, 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. On October 22, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney JP Sarmiento accompanied our clients. On the same day of his interview, his green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Korean

LOCATION: Columbus, OH

Our client contacted us in June 2021 to seek legal representation for his naturalization application. He came to the United States from South Korea and obtained his green card in March 2008. 

His N-400 application was filed on June 29, 2021 with all supporting documents. Prior to his citizenship interview, our office prepared him. On October 14, 2021, our client appeared at the Columbus, OH USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on the same day. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Filipina
LOCATION: Dallas, TX

Our client contacted our office in late January of 2021 regarding her potential I-751 filing. She is from the Philippines and married a U.S. citizen in August 2017. Through her marriage with a U.S. citizen spouse, she obtained a 2-year conditional green card in April of 2019. Therefore, her conditional residency terminated in April 2021.

Unfortunately, during their marriage, our client and her ex-husband went through struggles. They lived separately for a while and their divorce was finalized. 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 March 12, 2021, our office filed the I-751 application with various supporting documents to demonstrate our client’s bona fide marriage with her ex-husband.  Eventually, on October 14, 2021, the USCIS approved our request for the removal of conditions on her permanent resident status without even an interview. Now, she has her ten-year green card.

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