CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Cleveland, OH

Our client came to the United States from China on a F-1 student’s visa. She married a U.S. Citizen in March 2020 and retained our office on October 27, 2020 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 2, 2020.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On April 30, 2021, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office also accompanied our clients. Eventually, our client’s green card application was approved on the same day.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Cincinnati, OH 

Our client came to the United States in November 2019 with a B-2 visitor’s visa from the Philippines. Since then, she has remained in the United States. She married a U.S. Citizen in August 2020 and retained our office on August 11, 2020 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 28, 2020.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On April 26, 2021, our client was interviewed at the Cincinnati, Ohio USCIS Field Office. Eventually, on April 27, 2021, her green card application was approved. 

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CASE: EB-2 I-140    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Canadian Dentist

Our Canadian client works in the United States as an associate dentist under H-1B status. His current employer was willing to do an immigration petition for him, second-preference. Our client has a Doctor of Dental Medicine degree in the United States. Based on our client’s education and work background, he is clearly eligible for EB-2 classification. 

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 December 10, 2019, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on April 1, 2020.  On June 8, 2020, we promptly filed PERM.  Eventually, on December 16, 2020, the PERM Labor Certification was approved – an EB2 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. We included the job offer letter, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on January 14, 2021, via regular processing service. We also filed his I-485 adjustment of status application simultaneously since his priority date was current. On April 14, 2021, our office filed a premium processing upgrade request to the USCIS upon our client’s request. Eventually, on April 26, 2021, the I-140 EB2 Petition for our Canadian client was approved without any Request for Evidence (RFE). 

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CASE: Marriage-Based Adjustment of Status (F-2A category)

CLIENT: Indian

LOCATION: Houston, TX

Our client came to the United States from India. She came to the United States with a H-4 visa and later changed her status to F-1.  She married a lawful permanent resident in October 2019 and retained our office for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 31, 2019.  We could file both I-130 and I-485 applications simultaneously since the priority date for F-2A category was current at the time of the filing. 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 as well. On April 21, 2021, our client was interviewed at the Houston, Texas USCIS office. Eventually, on April 23, 2021, her green card application was approved.

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CASE: I-751

APPLICANT: Chinese

LOCATION: Akron, OH

Our client contacted our office in October of 2019 regarding her I-751 application. 

She is from China and she married a U.S. citizen. Through her marriage, she obtained a 2-year conditional green card in November 2017. Thus, their conditional residency terminated in November 2019. 

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 18, 2019, and our office prepared the I-751.

On November 4, 2019, our office filed the I-751 application to the USCIS. On April 21, 2021, our client and her husband appeared for their interview at the USCIS Cleveland Field Office.  Prior to the interview, our office prepared them thoroughly over the phone. Eventually, on April 23, 2021, the USCIS approved our client’s I-751 application. 

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CASE: EB-2 I-140    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Korean Dentist

Our client is from South Korea, who is currently working in the United States as an associate dentist on an H-1B status. Her current employer was willing to do an immigration petition for her, second-preference. Our client has a Doctor of Dental Medicine degree in the United States. After talking to our client, our firm concluded that her employer can petition her as an associate dentist. Based on our client’s education and work background, our office determined that she is eligible for EB-2 classification. 

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 December 6, 2019, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on March 30, 2020.  On June 4, 2020, we filed PERM.  Eventually, on December 3, 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 December 28, 2020, via regular processing service. We also filed her I-485 adjustment of status application simultaneously since her priority date was current. On April 9, 2021, our office filed a premium processing upgrade request to the USCIS upon our client’s request. Eventually, on April 21, 2021, the I-140 EB2 Petition for our Korean client was approved without any Request for Evidence (RFE). 

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CASE: I-130 (Petitions for Parent) and Adjustment of Status

CLIENT: Korean

LOCATION: Mayfield Heights, OH

Our client and her parents contacted our office in August 2020. Our client’s parents came to the United States in November 1998 with B-2 visitor’s visa. Thereafter, they have remained in the United States without lawful status. Our client was born in the US afterwards. 

Our client became 21 years old in September 2020. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Applications on September 23, 2020.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. On April 22, 2021, our clients appeared at their I-485 adjustment of status interview at Cleveland, Ohio USCIS Field Office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on the same day of her interview, the’ adjustment of status applications were approved.

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CASE: H-1B Visa Petition

PETITIONER: School District in Eagle Butte, SD

BENEFICIARY: Filipina Elementary School Teacher

ISSUES: Cap-Exempt, Nonprofit Organization Affiliated with an Institution of Higher Education

Our client is a public school district affiliated with several institutions of higher education. They contacted our office in January 2021 to seek legal assistance from our office for their foreign employee. The beneficiary is an Elementary School Teacher from the Philippines who has been working for this employer for the last 5 years under a  J-1 status. Though she was subject to the INA 212(e), two-year foreign residency requirement, she obtained a J-1 waiver from the USCIS through our firm’s legal assistance. 

The proffered position for the Beneficiary is an Elementary School Teacher. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Education or its equivalent.

In the first week of April 2020, the numerical cap of H-1B visas for fiscal year 2021 was already reached. However, our client is qualified for cap-exempt petitions since it is a non-profit organization affiliated with an Institution of Higher Education as defined in 8 C.F.R. 214.2(h)(19)(iii)(B). 

Once retained, our office filed the H-1B visa petition with various supporting documents on January 26, 2021, via premium processing. On February 3, 2021, the USCIS issued a Request for Evidence (RFE) and requested our client to submit more documents to prove its affiliation with institutions of higher education. Our office prepared the response and filed the Response to RFE on March 30, 2021. Eventually, our client’s H-1B application was approved on April 13, 2021. She can now work for her employer for three years on an H-1B status.

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CASE: I-140 (EB-1C Category: Executives and Managers of Multinational Organizations)

EMPLOYER: Multinational Tire Corporation

BENEFICIARY: Korean

LOCATION: Akron, Ohio

Our client is an Engineering Manager of a multinational tire corporation in Ohio.  He is from South Korea. He has worked for Petitioner’s parent company for more than 20 years in positions of increasing responsibility including that of Tire Development team manager. He came to the United States in March 2020 with an E-2 visa to work for current petitioner company (wholly-owned subsidiary of his previous employer).  He contacted our firm in April 2020 and discussed us his chances of getting a green card.  Based on our client’s education and work background and his current position at the worksite, our office determined that he was eligible for the EB-1C classification for his I-140 petition. Our client eventually retained us for his I-140 and subsequent I-485 adjustment of status application.

An employer can petition for its foreign employee under INA § 203(b)(1)(C) if it demonstrates the following: (C) Certain multinational executives and managers – An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien’s application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.

According to the INA §101(a)(44), 8 U.S.C. §1101(a)(44) and 8 C.F.R §204.5(j)(2), “executive capacity” means an assignment in an organization in which the employee primarily: (1) Directs the management of the organization or a component or function; (2) Establishes goals and policies; (3) Exercise wide latitude in discretionary decision making; and (4) Receives only general supervision or direction from higher level executives, board of directors or stockholders.

Also, above the mentioned statutes define “managerial capacity” as an assignment with the organization in which the employee personally: (1) Manages the organization, department, subdivision, function or component; (2) Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization or department or subdivision of the organization; (3) Has authority to hire and fire or recommend personnel actions (if another directly supervises employees), or if no direct supervision, functions at a senior level; and (4) Exercises discretion over day-to-day operations of the activity or function.

After our office was retained, we prepared a thorough cover letter and obtained all necessary supporting documents from our client and the petitioning company. In our brief, we clearly demonstrated that our client met the requirements set forth in the INA §203(b)(1)(C).  First, the prospective U.S. employer (Petitioner-Company) has been doing business for at least 1 year.  Second, the prospective employer (Petitioner) in the United States is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien was employed abroad.  Third, if the worker is already employed in the United States, he or she was employed outside the United States for at least 1 year in the 3 years preceding admission as a non-immigrant in an executive or managerial capacity by the petitioner or by its parent branch, subsidiary, or affiliate. Last, the alien is to be employed in the United States in a managerial or executive capacity.

In this case, the Petitioner-company has been doing business for 29 years in the United States. In addition, Petitioner-Company is the wholly-owned subsidiary of its Korean parent company where our client was employed for more than 20 years. Moreover, our client was employed outside the U.S. for at least 1 year in the 3 years preceding admission as a non-immigrant in an Executive or Managerial Capacity by the Petitioner’s parent company in South Korea.  Our client served as a team manager and later became senior manager for the parent company.  He personally supervised and controlled the work of other researchers and engineers for new types and models of tire developments, and was primarily responsible for the company’s various new tires.  Lastly, our client is to be employed in the United States as an Engineering Manager for the petitioner.

On the application package, we included a detailed job offer letter, employment verification letter from our client’s previous employer (parent company), an organization chart, and a dispatch order.  Also, we included evidence regarding the relationship between the Petitioner-Company and its Parent company in South Korea.  The evidence included a copy of the certificate of ownership, a copy the business registration certificate, a copy of the approval for overseas investment, a copy of the annual report and consolidated financial statements.  The I-140 Petition was filed on September 24, 2020.   

However, on January 6, 2021, the USCIS Nebraska Service Center issued a Request for Evidence (RFE). The RFE letter requested our client to demonstrate the qualifying relationship between the parent company in South Korea and his current employer. Moreover, the USCIS requested our client to show whether he met the requirement of “one year managerial or executive position abroad.”

On the RFE response application package, we included a detailed job offer letter, employment verification letter from our client’s previous employer (parent company), and an organization chart.  Also, we included evidence regarding the relationship between the Petitioner-Company and its Parent company in South Korea.  The evidence included a copy of the certificate of ownership, a copy the business registration certificate, a copy of the tax records, etc.  Our office filed the Response to RFE on March 24, 2021.  Eventually, on April 20, 2021, the I-140 petition was approved.  Now, our client can file the I-485 adjustment of status application based on the approved I-140 petition.

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CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Science Teacher

LOCATION: McIntosh, SD

Our client has a current employer willing to petition her for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Chemistry, a valid South Dakota Teaching license, and has worked for her current employer since August 2016. Based on our client’s education and qualifications, our office determined that she is clearly eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in February 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 May 21, 2020.  On September 1, 2020, we filed PERM. 

Eventually, on April 19, 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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