CASE: EB-2 I-485    
EMPLOYER: Baptist Church
BENEFICIARY: Korean Assistant Pastor
LOCATION: Cary, NC

Our client is a Baptist church in Cary, NC. They were willing to petition a South Korean for an Assistant Pastor second-preference petition (I-140).  Our client’s prospective employee has a master’s degree in Theology. After talking to our client, our firm concluded that this employer can petition him as an Assistant Pastor.  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 prospective employee’s education and work background, our office determined that he is eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us in on September 6, 2018. 

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 5, 2019, the prevailing wage request was filed.  Then, our office filed the job order on January 6, 2020.  On June 18, 2020, we filed PERM.  Eventually, on December 22, 2020, the PERM Labor Certification was approved – an EB2 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 March 29, 2021, via premium processing service. Eventually, on April 8, 2021, the I-140 EB-2 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 12, 2021. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on September 9, 2021, the USCIS approved our client’s adjustment of status application. Now, he finally is a green card holder.

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Indonesian Registered Nurse 

LOCATION: Seattle, WA

Our client is an Indonesian registered nurse who currently lives in Seattle, WA. Her prospective employer was willing to petition her for a third-preference employment immigrant visa petition (I-140) as a registered nurse. 

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 Washington 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 March 22, 2021 and we started on her Prevailing Wage Request. Her PW request was filed on March 25, 2021.  

We filed the I-140 application on September 3, 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 September 13, 2021, our client’s I-140 petition was approved without any Request for Evidence (RFE). Now, our client can file an adjustment of status application based on the approved I-140 petition.

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

 NATIONALITY: Indonesian

 LOCATION: Miami, FL

Our Indonesian client came to the U.S. on a J-1 Visa in January 2017. He came to the U.S. for his research program, and his J-1 visa made him subject to the two-year foreign resident requirement.  His research and higher education enhanced his interest in the field, and he would like to further his future research and development projects.  However, since most of the research projects that interest him will take a longer time, he anticipates that most employers will eventually wish to petition him for an alternate form of visa such as an H-1B. Due to the two-year foreign residency requirement, he had to obtain a waiver first before he could change his current status in the United States. 

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

On May 14, 2021, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Indonesian 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 change of status application but for the waiver.

The Indonesian Embassy eventually issued a No Objection Statement for our client and sent this letter to the State Department’s Waiver Review Division.  On August 19, 2021, 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 September 2, 2021.  Now that our client’s two-year foreign residency requirement is waived, he can be a beneficiary of other non-immigrant visas in the United States without going back to Indonesia for 2 years.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Chinese

LOCATION: La Jolla, CA

Our client is a citizen of China who came to the U.S. on a J-2 Visa in February 2013.  She came with her father who was on a J-1 Visa. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

She turned 21 in December 2020.  By getting a waiver, she would have the ability to be petitioned for H-1B status by her prospective employer. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without fulfilling the requirement or obtaining a waiver. 

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case.  

Our firm was retained to do her J-2 waiver and on March 4, 2021, the J-2 Waiver application (Form DS-3035 and supporting documents) 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 reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on August 31, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On September 2, 2021, the USCIS issued an I-612 approval notice..

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CASE: J-2 Waiver / Over 21-year-old

NATIONALITY: Indian

LOCATION: New Britain, CT

Our client was a citizen of India who came to the U.S. on a J-2 Visa in August 2000.  She came with her father who was on a J-1 Visa as a researcher in the U.S. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years, or win a waiver application, before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

She turned 21 in March 2015.  By getting a waiver, she would have filed her adjustment of status application based on her U.S. citizen husband’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without fulfilling the requirement or winning a waiver. 

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. 

Our firm was retained to do her J-2 waiver and on March 26, 2021, the J-2 Waiver application (Form DS-3035 and supporting documents) 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 reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on August 31, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On September 2, 2021, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Chinese

LOCATION: Sunnyvale, CA

Our client contacted us in August 2020 to seek legal representation for her naturalization and application. He came to the United States from China and obtained her green card in December 2014.

Upon retention, her N-400 application was filed on September 18, 2020. Prior to her citizenship interview, our office prepared her via conference calls.  On June 15, 2021, our client appeared at the Santa Clara California USCIS office for her naturalization interview. Our client answered all questions correctly and passed her interview. Eventually, on September 8, 2021, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: N-400 

APPLICANT: Filipina

LOCATION: Newton Falls, OH

Our client contacted us in October 2020 to seek legal representation for her naturalization application. She came to the United States from the Philippines and obtained her green card in October 2011.  

We filed her N-400 on November 10, 2020 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On September 2, 2021, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Our client answered all questions correctly and passed her interview. On September 3, 2021, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Nigerian

LOCATION: Austintown, OH

Our client contacted us in February 2021 to seek legal representation for his naturalization application. He came to the United States from Nigeria and obtained his green card in July 2017 through marriage.

His N-400 application was filed on March 9, 2021. Prior to his interview, our office prepared him via conference calls.  On July 22, 2021, our client appeared at the Cleveland, Ohio USCIS office. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, on September 2, 2021, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: EB-3 (I-140 / Skilled Worker)    
EMPLOYER: Seafood & Steak Restaurant
BENEFICIARY: Canadian
LOCATION: Naples, FL

Our client is a Seafood & Steak restaurant in Naples, FL. They have a prospective employee from Canada and the are willing to petition him for a skilled worker, third-preference petition (I-140). Their prospective employee has more than 2 years of experience as a Mediterranean Specialty Cook. After talking to our client, our firm concluded that they can petition him as a Mediterranean Specialty Cook. Our client eventually retained us on March 3, 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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On March 18, 2020, the prevailing wage request was filed.  After we got the PW determination, our office filed the job order on August 19, 2020.  On November 20, 2020, we promptly filed PERM.  Eventually, on May 27, 2021, the PERM Labor Certification was approved – an EB3 position for the Canadian 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 August 19, 2021 via premium processing service. Eventually, on August 31, 2021, the I-140 EB3 Petition for our Canadian client was approved without any Request for Evidence (RFE). He can file an immigrant visa at any time.

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CASE: PERM Labor Certification

EMPLOYER: Cosmetic Products Manufacturer

BENEFICIARY: Korean Cosmetic Product Plant Manager

LOCATION: Cleveland, OH

Our client is currently working as a Cosmetic Product Plant Manager and his current employer as willing to petition him for a second-preference petition (I-140).  Our client has a Bachelor of Science degree and has more than 5 years of experience as a Production Director. After talking to our client, our firm concluded that his employer can petition him as a Cosmetic Product Plant Manager. 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 education and work background, our office determined that he is eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us on August 24, 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 foreign degree evaluation report, our office filed the job order on February 11, 2021.  On April 19, 2021, we filed PERM. 

Eventually, on August 31, 2021, the PERM Labor Certification was approved – an EB2 position for the Korean beneficiary. Now our client can file the I-140, I-485 green card application, and I-765 simultaneously.

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