CASE: I-140 (Skilled Worker) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Kyrgyz

LOCATION: Rockford, IL

Our client’s beneficiary is a registered nurse from Kyrgyzstan and licensed in the state of Illinois. She came to the United States on a F-1 student’s visa.  Her prospective employer was willing to petition her for a third-preference employment immigrant visa petition (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 an Associate of nursing degree and has 2 years of work experience as a Registered Nurse. 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 November 3, 2020 and started on her Prevailing Wage Request.

We filed the I-140 application on June 16, 2021 via premium processing. We included the job offer letter, the notice of filing, employer’s financial ability to pay letter, and other necessary supporting documents. Eventually, on June 28, 2021, the I-140 was approved without any Request for Evidence (RFE).

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CASE: EB-3 I-140

EMPLOYER: Heavy Equipment Rental Company

BENEFICIARY: Filipino KRB Electronic Test Engineer

LOCATION: Christiansted, VI

Our client has an employer who was willing to file a third-preference immigrant petition (I-140) for him.  Our client has a Bachelor’s degree in Electronics Engineering and has worked for his current employer since September 2017. Based on our client’s education and work background, our office determined that he is eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us on December 12, 2019. 

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, our office filed the job order on April 28, 2020.  On September 24, 2020, we promptly filed PERM. Eventually, on May 7, 2021, the PERM Labor Certification was approved – an EB3 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, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on June 10, 2021 via premium processing service. Eventually, on June 24, 2021, the I-140 EB3 Petition for our Filipino client was approved without any RFE. Now he can file his adjustment of status application.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Nigerian

LOCATION: Atlanta, GA

Our client came to the United States in July 2019 from Nigeria on a B-2 visitor’s visa. She has remained in the United States since then. She married a U.S. Citizen in December 2019 and retained our office on March 27, 2020 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 28, 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 June 17, 2021, our client was interviewed at the Atlanta, Georgia USCIS office. Eventually, on June 24, 2021, our client’s green card application was approved.

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

Our client retained us to petition his mother who came to the U.S. from Kenya. Our client is a US citizen by birth and his mother came to the United States in 2003 as an F-2 visa holder. He contacted our office in August of 2020. He retained us on August 7, 2020. 

Our firm prepared and filed the I-130 Immigrant Visa Petition and the I-485 Adjustment of Status Application on October 1, 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 as well. On June 24, 2021, our client’s mother was interviewed at the Cleveland, Ohio USCIS office.  Attorney Sung Hee (Glen) Yu, Esq. from our office also accompanied our clients. On the same day of the interview, our client’s mother’s adjustment of status application was approved.

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

NATIONALITY: Chinese

LOCATION: Piscataway, NJ

Our client as a citizen of China (became a Canadian citizen) who came to the U.S. on a J-2 Visa in February 2010.  He came with his mother who was on a J-1 Visa for her research program in the United States. 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.

He turned 21 in September 2016. He would like to get a waiver because he has a U.S. citizen spouse who can file an I-130 petition for him. He can file an adjustment of status application along with his wife’s I-130 petition. However, because of his two-year foreign residency requirement, our client cannot adjust his status in the United States without the fulfillment of the requirement or 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. In fact, our client turned 21 in September 2016.

Our firm was retained to do his J-2 waiver, and on December 11, 2020, 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 May 7, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On June 11, 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: Ivorian

LOCATION: Atlanta, GA

Our client contacted us in October 2019 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Ivory Coast and obtained her green card in October 2016 through her marriage to a US Citizen Spouse.   

Her N-400 application was filed on October 24, 2019 with all supporting documents. Prior to his citizenship interview, our office prepared her via phone call.  On October 6, 2020, our client appeared at the Atlanta, GA CIS office. Our client answered all questions correctly and passed her naturalization interview. Eventually, on June 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: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement 

NATIONALITY: Turkish                                                                                                        

LOCATION: Amherst, MA

Our client is from Turkey who came to the U.S. on a J-1 Visa in June 2013. Later on, he changed his status from J-1 to F-1. He eventually obtained an approved I-140 National Interest Waiver self petition. He wanted to apply for adjustment of status based on an I-140 National Interest Waiver self-petition. However, he needed a J-1 waiver first.  

He retained our office on December 10, 2020. Our office filed a waiver request through a No Objection Statement (NOS) from the Turkish Embassy in the United States. Every country’s Embassy maintains different procedures with regard to the J-1 No Objection Statement waiver.  Our office contacted the Turkish Embassy in D.C. to pursue the waiver for our client.  The Embassy requested several documents including a statement of reason for the waiver and Turkish National ID.

On December 29, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Turkish Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust based on his I-140 NIW petition.  

Eventually, the Turkish Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  Thereafter, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On June 4, 2021, the USCIS issued an I-612 approval notice. Now, our client can file the I-485 adjustment of status application along with his I-140 NIW Self-Petition.

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CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Biology Teacher

LOCATION: Casa Grande, AZ

Our client’s employer was willing to file a third-preference petition (I-140) for her.  She has a Bachelor’s degree in Secondary Education, a valid Arizona Teaching license, and has worked for her current employer since September 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 on May 4, 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, our office filed the job order on September 9, 2020.  On November 24, 2020, we filed PERM. 

Eventually, on June 7, 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

CLIENT: Indian

LOCATION: Westlake, OH

Our client came to the United States from India on a F-1 student visa. He married his U.S. Citizen wife in July 2020 and retained our office on September 15, 2020 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 24, 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 June 8, 2021, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office also accompanied our clients. His green card application was approved on the same day.

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CASE: I-485 Adjustment of Status

NATIONALITY: Iraqi

LOCATION: California

Our Iraqi client came to the U.S. in June 2016 on a J-1 exchange visitor’s visa. With our firm’s assistance, he got his J-1 hardship waiver.  In April 2018, he contacted our office to seek legal representation for his I-360 petition. He was abused by his spouse. Thus, we prepared and filed his I-360 petition, which included numerous exhibits and a detailed brief to the USCIS Vermont Service Center on June 8, 2018.

On December 10, 2019, the USCIS issued a Request for Evidence (RFE). The USCIS requested our client to submit documents to demonstrate his good moral character. He obtained several third-party affidavits and  California police criminal record. Our office filed the Response to RFE on February 28, 2020.  Eventually, on July 14, 2020, the USCIS Vermont Service Center approved our client’s I-360 petition. 

With the approved I-360 petition, our firm prepared and filed the Adjustment of Status Application on July 24, 2020.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Eventually, on June 4, 2021, the USCIS approved our client’s adjustment of status application and issued a green card without an interview.

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