CASE: J-1 Waiver (No Objection Statement – Humanitarian)

NATIONALITY: Philippines

LOCATION: Phoenix, AZ

Our client came from the Philippines on a J-1 in August 2016 to work as a teacher. Based on her DS-2019, she was subject to the two-year foreign residency requirement. Her employer wanted to sponsor her green card and she consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, she cannot get a green card in the United States until she fulfills the requirement or obtains a waiver.

Our office told our client that she can apply for a waiver under the No Objection Statement category based on the fact of her medical hardship. Her medical condition (cancer) made her eligible for our client to pursue the NOS waiver under the humanitarian category from the Philippine Embassy. Upon retention, our office prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On March 21, 2021, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  The NOS request was also sent to the Philippines. 

On June 23, 2022, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on July 6, 2022, the USCIS issued an I-612 approval notice for the waiver.

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse in the Philippines

LOCATION: Manila, Philippines

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 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 Texas Registered Nurse 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 January 19, 2021 and we started on her Prevailing Wage Request. Her PW request was filed on January 20, 2021. 

We filed the I-140 application on June 14, 2021 via regular 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). 

Once his I-140 was approved, our client retained our office again for her immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on October 25, 2021, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for the client at the U.S. Embassy in Manila. On July 6, 2022, our client appeared at the U.S. Embassy in Manila, Philippines. The interview went well, and the Embassy approved and issued her immigrant visa. With the approved Immigrant Visa, our client can come to the United States immediately, and she will get her green card within two months of entry.

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

 NATIONALITY: Nepalese

 LOCATION: Bothell, WA

Our Nepalese client came to the U.S. on a J-1 exchange visitor’s visa for his research program. Abroad, he changed his status from J-1 to F-1 to finish his Ph.D. program in the United States. His employer intended to file an I-129 H-1B petition for him. However, his J-1 visa made him subject to the two-year foreign resident requirement. Due to the two-year foreign residency requirement, he had to obtain a waiver first before his H-1B process.  

After he retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Nepalese Embassy in the United States.  Our office contacted the Nepalese 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 numerous documents including a statement of reason for the waiver, the applicant’s resume, a copy of his valid Nepalese passport, a copy of DS-2019, and a copy of Third Party Bar Code Page

On February 22, 2022, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Nepalese Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file an H-1B petition but for the waiver.

The Nepalese Embassy eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On May 4, 2022, 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 July 6, 2022.

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CASE: EB-3 I-140

EMPLOYER: School

BENEFICIARY: Filipino Social Studies Teacher

LOCATION: Mt. Clemens, MI

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 Secondary Education, a valid Michigan Teaching license, and has worked for him current employer since May 2018. Based on his education and credentials, our office determined that he is eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us in October 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 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 assisted the Petitioner to file the job order on June 26, 2020.  On October 20, 2020, we filed PERM. 

On May 28, 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 June 16, 2021.  On August 26, 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 September 28, 2021 via regular processing service. On June 30, 2022, the I-140 EB3 Petition for our Filipino client was approved without any Request for Evidence (RFE).

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CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, Exceptional Hardship

 NATIONALITY:  Egyptian

 LOCATION: Laurel, MD

Our client came from Egypt and entered the U.S. as a J-1 scholar in 2013.  In 2015, he got his F-1 status as a Ph.D. Student in the United States.   His J-1 status made him subject to the two-year foreign resident requirement. Our client would like to file his adjustment of status application along with his I-140 NIW application; however, due to the two-year foreign residency requirement, he had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue his waiver under No Objection Statement or Interest Government Agency (IGA). Our client also received government funding for his research programs which made his case tougher for the No Objection Statement or IGA waiver route. Our client, though, would like to pursue his J-1 waiver based on exceptional hardship standard. In fact, our client’s U.S. citizen daughter is experiencing exceptional medical hardships. 

According to 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.” 

Some of the factors in analyzing extreme hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978). 

After he retained our firm, we prepared and filed a waiver request through the exceptional hardship basis. On August 7, 2020, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit for our client, an extensive brief in support for our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for his U.S. citizen daughter’s medical conditions.  On August 7, 2020, our office filed an I-612 application to the USCIS and asked for them to issue and recommend this waiver based on the fact that our client’s daughter would experience exceptional hardship if our client needs to go back to Egypt for two years. 

Eventually, the USCIS approved his I-612 waiver on June 24, 2022. Now that our client’s two-year foreign residency requirement is waived, he can file his adjustment of status application along with his NIW I-140 self-petition in the United States. 

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipino Registered Nurse in the Philippines

LOCATION: Manila, Philippines

Our client is a Filipino registered nurse who currently works in the Philippines. His prospective employer was willing to petition him for a third-preference I-140 as a registered nurse. 

Since he is a registered nurse, he 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 Nurse License. Our firm told him that his prospective employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on February 18, 2019 and we started on his Prevailing Wage Request.

We filed the I-140 application on June 19, 2019 via regular processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. On January 22, 2020, the USCIS Texas Service Center issued a Request for Evidence and asked our client to submit documents to show its “ability to pay” the proffered wage for this beneficiary. Our office filed the Response to RFE on February 3, 2020. Eventually, on February 19, 2020, our client’s I-140 petition was approved. 

Once his I-140 was approved, our client retained our office again for his immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on December 14, 2020, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for the client at the U.S. Embassy in Manila. On June 27, 2022, our client appeared at the U.S. Embassy. The interview went well, and the Embassy approved and issued his immigrant visa. With the approved Immigrant Visa, our client can come to the United States immediately, and he will get his green card within two months of entry.

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CASE: EB-3 I-140

EMPLOYER: School

BENEFICIARY: Filipina Middle School Science Teacher

LOCATION: Mt. Clemens, MI

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 Education, a valid Michigan Teaching license, and has worked for her current employer since May 2018. 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 retained us in October 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 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 assisted the Petitioner to file the job order on June 26, 2020.  On October 12, 2020, we filed PERM.  Eventually, on May 3, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina 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 July 2, 2021 via regular processing. On June 17, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipino Registered Nurse in the Philippines

LOCATION: Manila, Philippines

Our client is a Filipino registered nurse who currently works in the Philippines. His prospective US employer was willing to petition him for a third-preference employment immigrant visa I-140 as a registered nurse. 

Since he is a registered nurse, he 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 him that his prospective employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on February 18, 2019, and we started on his Prevailing Wage Request.

We filed the I-140 application on June 19, 2019 via regular processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. OnJanuary 22, 2020, the USCIS Texas Service Center issued Request for Evidence and requested our client to submit documents to show its “ability to pay” the proffered wage for this beneficiary. Our office filed Response to RFE on February 3, 2020. Eventually, on February 19, 2020, our client’s I-140 petition was approved. 

Once his I-140 was approved, our client retained our office again for his immigrant visa processing. Our office filed the immigrant visa packets to the National Visa Center on December 14, 2020, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for our client at the U.S. Embassy in Manila. On June 27, 2022, our client appeared at the U.S. Embassy in Manila, Philippines. The interview went well and the Embassy approved and issued his immigrant visa. With the approved Immigrant Visa, our client can come to the United States immediately, and he will get his green card within two months of entry.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Costa Rican
LOCATION: Mansfield, OH

Our client contacted our office in late January 2021 regarding her potential I-751 filing. She is from Costa Rica and she married a U.S. citizen in July 2018. Through her marriage with a U.S. citizen spouse, she obtained a 2-year conditional green card in January of 2020. Therefore, her conditional residency terminated in January 2022.

Unfortunately, during their marriage, our client and her ex-husband went through marital issues. She was the subject of extreme cruelty by her ex-husband. Therefore, they lived separately for a while and their divorce was finalized in July 2020. Thus, our client could not file I-751 application jointly with her ex-husband. After the 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 March 12, 2021, our office filed the I-751 application. In April 2022, the USCIS issued a Request for Evidence (RFE) for our client and the requested her submit more bona fide marital evidence with her ex-husband. Our office prepared and filed the Response to RFE on April 21, 2022. Eventually, on June 17, 2022, the USCIS approved her I-751 application. Now, she has her ten-year green card.

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CASE: I-485 Adjustment of Status based on approved EB-2 I-140 petition

EMPLOYER: Cosmetic Products Manufacturer

BENEFICIARY: Korean Cosmetic Product Plant Manager

LOCATION: Solon, OH

Our client is currently working as a Cosmetic Product Plant Manager and his employer was willing to petition for a second-preference I-140.  Our client has a Bachelor’s 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 promptly filed PERM.  Eventually, on August 31, 2021, the PERM Labor Certification was approved – an EB2 position for the Korean beneficiary. 

We then proceeded with the I-140 Petition. 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 September 7, 2021 via premium processing service. Eventually, on September 20, 2021, the I-140 EB2 Petition for our Korean client was approved without any Request for Evidence (RFE). 

Once his I-140 petition was approved, he retained our office again for theadjustment of status application. On October 14, 2021, our office filed I-485 adjustment of status applications. 

Prior to the interview, we thoroughly prepared our client via conference calls. On June 21, 2022, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, his I-485 application was approved by the USCIS on the same day of the interview.

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