CASE: PERM Labor Certification    
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 under 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. Based on these, her employer can petition her as an associate dentist. 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. 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 promptly filed PERM.  Eventually, on December 3, 2020, the PERM Labor Certification was approved – an EB2 position for the Korean beneficiary. Now our client can file the I-140 petition.

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CASE: I-485 Adjustment of Status / I-140 (EB-3 Category) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse 

LOCATION: Houston, TX

Our client is a Filipina registered nurse who currently resides in Overland Park, KS. 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 Texas 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 May 8, 2019 and we started on her Prevailing Wage Request.

We filed the I-140 application on September 26, 2019 via regular processing. We included the job offer letter, notice of filing, and other necessary supporting documents.  On October 24, 2019, our office filed an I-907 premium processing upgrade request for this petition. Without any Request for Evidence (RFE), on November 6, 2019, the I-140 was approved. 

Once her I-140 was approved, she retained our office again for her and her husband’s I-485 adjustment of status applications. Our office filed an I-485 adjustment of status application for our clients on November 22, 2019. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on November 27, 2020, their green card applications were approved without an interview.

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CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Vietnamese
LOCATION: Round Rock, TX

Our client contacted our office in March of 2019 regarding his daughter’s I-751 filing. Our client is from Vietnam and he married a U.S. citizen and got his conditional green card in 2015. He filed his I-751 application and his I-751 application was approved as well. When he was petitioned by his U.S. citizen wife, she also filed I-130 petitions for our client’s daughters and they got their conditional green card in March 2015. 

Unfortunately, during their marriage, our client and his ex-wife went through struggles. His ex-wife (his spouse at that time) refused to sign the form I-751 for his daughters to remove their conditional green cards. His daughters on their own (without an attorney) filed form I-751 under extreme hardship. In their application package, besides the required documents, each of them wrote a letter, explaining their hardships. The hardship evidence included leaving Vietnam at a very early age, being unable to communicate and continue learning, lack of safety protection, family separation, being unable to continue with their education, life insecurity, and physical and emotional depression. 

They client received a Request for Evidence for this I-751 application in January 2019 and contacted our office for legal assistance.  After consultation, we advised that we can help her re-file the I-751 application with a waiver of the joint filing requirement instead. We requested a waiver because our client (applicant’s father) entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition.

On April 3, 2019, our office filed the I-751 application with various supporting documents.

Eventually, on December 3, 2020, the USCIS approved the I-751.

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CASE: I-130 (Petitions for Parents) and Adjustment of Status
CLIENT: Kenyan
LOCATION: Olmsted Falls, OH

Our client retained us to petition her parents for adjustment of status – permanent residency. Our client was born and raised in Kenya, but was naturalized in the United States. She retained our office on March 27, 2020. 

Our firm filed the applications on June 30, 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. On November 30, 2020, our client’s parents were interviewed at the Cleveland, Ohio USCIS office. On the same day, the I-130 and I-485 adjustment of status applications were approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Nigerian

LOCATION: Wilkesboro, NC

Our client came to the United States from Nigeria on a F-1 student visa. He married a U.S. Citizen in July 2019 and retained our office on October 19, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 19, 2019.  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 December 1, 2020, our client was interviewed at the Charlotte, North Carolina USCIS office. On the same day of the interview, his green card application was approved.

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

Our client came to the United States in September 2018 on a F-1 Student visa from the Philippines. She married a U.S. Citizen in November 2019 and retained our office on December 16, 2019 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 19, 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 November 12, 2020, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen) Yu from our office accompanied them at the interview as well.  Eventually, on November 18, 2020, her green card application was approved. 

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CASE: Asylee Adjustment of Status
CLIENT: Saudi Arabian
LOCATION: Lakeville MN

Our client came to the United States from Saudi Arabia and, he was granted asylee status in May 2019.

Under the Immigration and Nationality Act, an asylee may apply for lawful permanent resident status after he or she has been physically present in the United States for a period of one year after the date he or she was granted asylum status. Around March 2020, our client contacted our office again and sought legal assistance for his adjustment of status application.  We prepared and filed his I-485 Adjustment of Status Application on April 21, 2020. Everything went smoothly and the receipt notice and fingerprint appointment all came on time.

Eventually, on November 20, 2020, the USCIS approved our client’s Adjustment of Status application without an interview. He is now a permanent resident of the United States.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: Boston, MA

Our client contacted us in September 2019 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from the Philippines and he obtained his green card in August 2016 through marriage to his US Citizen spouse. We represented him for both his 2-year green card and I-751 application as well. 

His N-400 application was filed on September 11, 2019. Prior to his citizenship interview, our office prepared him via conference calls.  On November 10, 2020, our client appeared at the Boston, MA USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization interview. On November 12, 2020, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: I-751

APPLICANT: Chinese

LOCATION: Parma, OH

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

She is from China and she married a U.S. citizen in May 2017. She obtained a 2-year conditional green card in March 2018.  Her conditional residency terminated in March 2020.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions application. She retained our office on December 11, 2019.

On December 13, 2019, our office filed the I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, joint taxes, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage. 

Eventually, on November 17, 2020, the USCIS approved our client’s I-751 application and our client received her 10-year green card.

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

EMPLOYER: Hospital

BENEFICIARY: Filipino Registered Nurse

LOCATION: Crosby, ND

Our client’s beneficiary is a registered nurse from the Philippines who is currently working in the UAE. His prospective U.S. employer was willing to petition him for a third-preference employment immigrant visa petition (I-140). 

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 Bachelor’s of Nursing degree and has passed the NCLEX exam. Our firm told him that his employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on May 4, 2020, and started on his Prevailing Wage Request.

We filed the I-140 application on November 5, 2020 via premium processing service. We included the job offer letter, the notice of filing, and other necessary supporting documents.

Eventually, on November 17, 2020, the I-140 was approved. Now, our client can file an immigrant visa application based on the approved I-140 petition since his priority date is current.

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