CASE: PERM Labor Certification

EMPLOYER: Nutrition Management Company

BENEFICIARY: Taiwanese Consulting Dietician

LOCATION: Kittanning, PA

Our client has a current employer that was willing to petition her for a second-preference petition (I-140).  Our client has a master’s degree in nutrition, a valid state dietician license, and has worked for her current employer since November 2018. Based on our client’s education and work background, our office determined that she is eligible for EB-2 classification for her I-140 petition.  

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 October 8, 2019, and eventually the advertisements and in-house job posting.  On February 22, 2020, we filed PERM. 

Eventually, on June 18, 2020, the PERM Labor Certification was approved – an EB2 position for the Taiwanese beneficiary. Since her priority date is current, our client can file the I-140, I-485 green card application, and I-765 simultaneously as well.

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CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina Elementary School Teacher

LOCATION: Tucson, AZ

Our client has a current employer that was willing to petition her for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Elementary Education, a valid Arizona Teaching license, and has worked for her current employer since July 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 in September 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 the PERM application could be filed at least 60 days from the job posting date or 30 days from the last ad, whichever is later. 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 8, 2019.  On August 7, 2019, we promptly filed PERM. 

However, on January 7, 2020, the Department of Labor issued a request for audit, which is random nowadays regardless of how perfect the PERM application was. The DOL requested documents from 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 January 23, 2020.   

Eventually, on June 16, 2020, 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: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Chinese

LOCATION: Palisades Park, NJ

Our client contacted our office in early October 2018 regarding his I-751 filing. He came to the United States from China and he married a U.S. Citizen (his ex-wife) in August 2016. Through his marriage, he was able to obtain a 2-year conditional green card in August of 2017. His conditional residency terminated in August 2019. However, our client experienced a lot of difficulties in his marital life with his ex-wife. Unfortunately, their marriage ended in May 2019.  Thus, our client could not file the I-751 application jointly with his ex-wife.

After our office was retained, we prepared a waiver of the joint filing requirement because our client entered into marriage in good faith, but the marriage was terminated through divorce. We focused on the supporting documents that he can show and helped him draft an extensive and detailed affidavit about their marriage, and why it ended the way it did.

On August 5, 2019, our office filed the I-751 application with various supporting documents (including an affidavit over 7 pages) to demonstrate our client’s bona fide marriage with his ex-wife. Eventually, the USCIS approved our client’s I-751 application on June 8, 2020 without any RFE or interview. Now, he has his ten-year green card.

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CASE: PERM Labor Certification

EMPLOYER: Rehabilitation Center in Katy, TX 

BENEFICIARY: Filipina S

Our client has a prospective employer that was willing to petition her for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Tourism Management and currently works in the Philippines. 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 February 14, 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, the job order was filed on June 5, 2019.  On August 15, 2019, we filed the PERM. 

On January 15, 2020, the Department of Labor issued an audit. The DOL requested documents from 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 January 21, 2020.   

Eventually, on June 12, 2020, 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: I-130 / I-485

NATIONALITY: Philippines

LOCATION: Salinas, CA

Our client came from the Philippines on a J-1 in September 2013 to work as a teacher. Based on her visa and DS-2019, she was subject to the two-year foreign residency requirement. Later, she got married to her U.S. citizen husband and 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, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Upon retention, our office prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States through the EVP in the Philippines.

On June 8, 2018, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We then prepared the documents for the NOS request to the EVP. On July 27, 2018, our office sent our NOS application to the Waiver Review Committee in Manila, Philippines.  Then, the Waiver Review Committee granted the No Objection Statement and forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued the official No Objection Statement to the Department of State.

On September 13, 2018, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on October 11, 2018, the USCIS issued an I-612 approval notice for the waiver. 

Once her J-1 waiver was approved, our client retained our office again for her adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 1, 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 through conference calls. On January 15, 2020, our client was interviewed at the Santa Clara, CA USCIS office.  

However, on May 1, 2020, the USCIS issued a Request for Evidence (RFE) and requested our client to submit a certified disposition of court and police documents record regarding her previous misdemeanor criminal record. Our office filed the Response to RFE to the USCIS on May 26, 2020. Eventually, on June 9, 2020, the USCIS approved our client’s I-485 adjustment of status application. Now, she is a green card holder. 

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CASE: I-751

APPLICANT: Indian

LOCATION: Maryville, TN

Our client contacted our office in July of 2019 regarding his I-751 application.

He is from India and he married a U.S. citizen in December 2016. Through his marriage, he obtained a 2-year conditional green card in October of 2017 through our firm.  His conditional residency terminated in October 2019.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on July 9, 2019, and our office prepared an I-751 application for our client.

On July 26, 2019, our office filed an I-751 application to the USCIS with several supporting documents to demonstrate the bona fideness of their marriage.

After the application was filed, the fingerprint notice was issued two weeks later. There was no RFE issuance or interview request for our client’s I-751 application. As a result, on May 27, 2020, the USCIS approved our client’s I-751 application and our client received his 10-year green card.

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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, his wife also filed I-130 petitions for our client’s daughter and she (the daughter – the subject of this success story) got her conditional green card in March 2015. Therefore, her conditional residency terminated in March 2017.

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 had to file the form I-751 under extreme hardship. In their application package, besides the required documents, each of them wrote a letter, explaining their hardships if they are forced to depart from the U.S and return to Vietnam. The hardship evidence included the fact that they left Vietnam at an early age, being unable to communicate in Vietnamese anymore, no protection, family separation, being unable to continue with their education, life insecurity, and physical and emotional depression. 

Nevertheless, our 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. 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 for the daughter. Eventually, on May 27, 2020, the USCIS approved our request for the removal of conditions on her permanent resident status without even an interview nor an RFE. Now, she has her ten-year green card.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Fayetteville, NC

Our client came from the Philippines on a J-1 in August 2015 to work as a teacher. Based on his DS-2019, he was subject to the two-year foreign residency requirement. 

In September 2018, he got married to his U.S. citizen spouse and later on consulted with our firm for his J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

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 November 27, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On January 9, 2020, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On April 28, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on May 18, 2020, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for his adjustment status application along with his U.S. Citizen spouse’s I-130 petition for him.

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CASE: I-485 based on Approved I-140 (EB-1B)

 APPLICANT: Indian

 LOCATION: Hudson, OH

Our client is an assistant professor from India who is currently teaching at a state university. She has an approved EB-1B I-140 petition with a priority date of May 2015.  Our client has a Ph.D. degree and has worked for this school since August 2014. She has maintained her status as an H-1B visa holder in the United States.  

In September 2018, she contacted our office and retained us for her and her husband’s I-485 adjustment of status applications. Our office filed an I-485 adjustment of status application for our client and her husband on October 3, 2018. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference call as well. On September 17, 2019, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. Though their interview went well, the visa numbers were not available for their cases in September of 2019. Nevertheless, on May 15, 2020, their I-485 applications were approved by the USCIS.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Sacramento, CA

Our client came from the Philippines on a J-1 in August 2017 to work as a teacher. Based on her DS-2019, she was subject to the two-year foreign residency requirement. 

In July 2019, she got married to her U.S. citizen husband and later on 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, he or she cannot get a green card in the United States until he or she fulfills the two-year requirement or obtains a waiver.

On October 16, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On November 26, 2019, our office sent our client’s NOS request to the EVP Waiver Review Committee in Manila, Philippines.  The Waiver Review Committee approved of the request and forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On May 5, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on May 18, 2020, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment status application along with her U.S. Citizen husband’s I-130 petition for her.

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