CASE: I-140 / National Interest Waiver

CLIENT: Chinese Born, Canadian Citizen

LOCATION: Hershey, PA

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. She is a post-doctorate researcher born in China (but a Canadian Citizen) and she is an exceptional researcher and scientist in the field of biomedical research. 

Our client’s significant contributions have placed her at the pinnacle of her field. She has been focused on understanding neuronal development and neurodegenerative disease in various regions of the central nervous system. She has done this through optimizing cutting edge methodologies in molecular and stem cell biology and, through her unique training as a physician scientist, integrated these findings by translating them to laboratory models of various central nervous system diseases. Moreover, her research works were highly evaluated by reviewers of various journals and by colleagues and experts in the field.

Upon review of his credentials and qualifications, our office determined that he was definitely qualified for the National Interest Waiver (NIW) category. Being qualified for NIW is beneficial since you would not need an employer nor family member to petition for you for green card purposes. 

As a primer, NIW applicants must have a master’s or higher degree. While we prepared his case, the AAO set the new standards for NIW cases in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Under the new standard, the petitioner must demonstrate that the foreign national’s proposed endeavor has both substantial merit and national importance. Next, it must be shown that he or she is well positioned to advance the proposed endeavor. Finally, the petitioner seeking the waiver needs to demonstrate that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Id. 

Our office prepared a 20-page brief for our client’s NIW filing. Our client also obtained 10 letters of recommendation from her colleagues and internationally-recognized researchers. Our office also included her publication records, presentation records, and conference materials in the NIW application. We demonstrated that our client is one of the few elite researchers who have made significant and substantial contributions to her field of endeavor, that she is well positioned to advance the proposed endeavor, and it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification for our client. 

Our office filed her I-140(NIW) petition to the USCIS Texas Service Center on July 18, 2019. Eventually, on April 30, 2020, the USCIS approved her I-140 petition without any Requests for Evidence.  She can file her adjustment of status application once her priority date becomes current.

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

 NATIONALITY:  Indian

 LOCATION: New York City, NY

Our client came from India to the U.S. as a J-1 post-doctoral scholar in 2016. His J-1 program made him subject to the two-year foreign resident requirement. Our client would like to file his adjustment of application along with his I-140 EB-1A 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 son 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 an exceptional hardship basis. On June 10, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared affidavit of our client, 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 June 11, 2019, our office filed I-612 application to the USCIS and asked for them to issue and recommends this waiver based on the fact that our client’s daughter would experience exceptional hardship if our client needs to go back to India for two years. 

Eventually, the USCIS approved his I-612 waiver on April 29, 2020 without any Request for Evidence.

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CASE: H-1B Visa Petition Extension

PETITIONER: School District in Mohave Valley, AZ

BENEFICIARY: Filipina Elementary Education Teacher

ISSUES: Cap-Exempt, Research Organization

Our client is a public school district affiliated with several institutions of higher education. They contacted our office in February 2020 to seek legal assistance from our office for their foreign employee. The beneficiary is an Elementary Education Teacher from the Philippines who has been working for this employer for last 5 years under J-1 / H-1B status. She wanted to extend her H-1B status which will be expired at the end of June 2020. 

The proffered position for the Beneficiary is an Elementary Education 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, 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) and it is an extension petition. 

Once retained, our office filed the H-1B visa petition with various supporting documents on March 19, 2020 via regular processing. Eventually, our client’s H-1B application was approved on April 28, 2020 without any Request for Evidence (RFE).  She can now work for her employer for next three years on an H-1B status.

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CASE: Change of Status / I-539
NATIONALITY: Filipina
LOCATION: Christiansted, VI

Our client is from the Philippines who came to the U.S. on a J-1 exchange visitor visa to work in the United States. She consulted with our firm a few weeks before the expiration of her J-1 status. She wanted to continue to stay in the United States for six more months to spend more time here for her medical treatment.  We explained her that CIS has been more stringent on Visitor status change. Upon retention, we asked her to prepare a statement on her plans if her change of status request is granted. We asked her to provide as much detail as possible as we reviewed her drafts several times. We made sure all addresses, contact information, and dates on her statements were complete and accurate. We made sure all her plans were supported by corroborating evidence as exhibits to the application to avoid a possible Request for Evidence by the CIS. Our office submitted financial documents and medical documents as well. We filed the I-539 Change of Status Application on September 7, 2019. Eventually, without any Request for Evidence (RFE), his change of status request (from J-1 to B-2) was granted by the USCIS on April 20, 2020. 

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CASE:  I-751 / Removal Proceedings

APPLICANT: Filipina

LOCATION: Solon, OH

Our client contacted our office in July 2018 regarding her removal proceedings representation and I-751 application.

She is from the Philippines and she married a U.S. citizen in June 2014. Through her marriage, she obtained a 2-year conditional green card in July 2015.  Her conditional residency terminated in July 2017.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. They filed the I-751 application first; however, her husband filed a divorce against her while the application was pending.  Our client’s initial I-751 application was thus denied. Later on, our client was placed into removal proceedings.

Once retained, our office prepared an I-751 application for our client with other supplemental exhibits including a detailed explanatory brief. On December 19, 2018, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage. Once the application was filed, the fingerprint notice was issued two weeks later.

Our client had to appear for her Master Calendar hearing at the Cleveland Immigration Court on December 17, 2019. Attorney Sung Hee (Glen) Yu represented our client at her initial Master Calendar Hearing and informed the court that our office filed a new I-751 application to the USCIS.  

In December 2019, the USCIS scheduled an interview for our client. On January 28, 2020, our client was requested to appear for the interview at the USCIS Cleveland Field Office.  Prior to the interview, our office prepared her thoroughly at our office and also accompanied them at the interview as well. Eventually, on April 22, 2020, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions. Now, our office will file the Motion to Terminate proceedings to the Cleveland Immigration Court to terminate her removal proceedings. 

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

NATIONALITY: Chinese

LOCATION: San Francisco, CA

Our client was a citizen of China who came to the U.S. on a J-2 Visa in February 2002.  She came with her father who came on a J-1 Visa for her research work 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.

She turned 21 in April 2012.  She wanted to file her I-485 adjustment of status application as a derivative applicant of her husband’s case. However, because of her two-year foreign residency requirement, our client cannot adjust her status in the United States without the fulfillment of requirement or the 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 April 2012.

Our firm was retained to do her J-2 waiver, and on February 7, 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 April 2, 2020, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On April 24, 2020, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: I-140 (EB-3 Other Workers)    
EMPLOYER: Fabric Manufacturer
BENEFICIARY: Filipina General Merchandise Expert Sewer
LOCATION: Chagrin Falls, OH

Our client is a fabric manufacturer in Ohio. They have a prospective employee from the Philippines and they were willing to petition her for a skilled worker, third-preference petition (I-140). Their prospective employee has more than 2 years of experience as a sewer. After talking to our client, our firm concluded that they can petition her as a general merchandise expert sewer. Our client eventually retained us on February 28, 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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On March 6, 2019, the prevailing wage request was filed.  After we got the PW determination, our office filed the job order on June 26, 2019.  On September 5, 2019, we promptly filed PERM.  Eventually, on December 13, 2019, 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 February 21, 2020 via regular processing service. Eventually, on April 15, 2020, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE). She can file an immigrant visa once her priority date becomes current. 

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CASE: Change of Status / I-539
NATIONALITY: Chinese
LOCATION: Columbus, OH

Our client is from China who came to the U.S. on a F-1 student visa. He consulted with our firm a few weeks before the expiration of his F-1 OPT status. He wanted to continue to stay in the United States on a different non-immigrant status. His wife is a F-1 student in the United States, so he can change his status from F-1 to F-2. He retained our office on September 12, 2019. We filed the I-539 Change of Status Application on September 18, 2019 along with financial documents to show financial support. Eventually, without any Request for Evidence (RFE), his change of status request (from F-1 to F-2) was granted by the USCIS on April 15, 2020. He can stay in the United States for the duration of status of his wife’s F-1 status.

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CASE:   J-1 Waiver (No Objection Statement)

APPLICANT / BENEFICIARY: Filipina

LOCATION: Corona, California

Our client came to the United States from the Philippines in August 2010 on a C-1 visa (Crewman). She remained in the United States after her entry in August 2010. She married her U.S. citizen husband in February 2017. She retained our office on June 20, 2017 for the I-130 and I-601A waiver filing. We filed an I-130 petition for her in July 2017. This I-130 petition was approved in February 2018. With our office’s legal assistance, she also obtained her I-601A Provisional Waiver on March 17, 2020. 

However, our client cannot file for adjustment of status application due to her ground of inadmissibility (crewman entry and overstay). She needs a waiver of inadmissibility to become a green card holder. Despite she has her I-601A waiver, she also needs to get a J-1 waiver for her previous J-1 program which took place prior to her C-1 visa entry. 

Upon retention, our office promptly 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 June 11, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On September 16, 2019, 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 March 13, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on April 3, 2020, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her immigrant visa filing with her waivers. 

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Somerton, AZ

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

In April 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 requirement or obtains a waiver.

Upon retention, our office promptly 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 April 18, 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 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 March 9, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on March 30, 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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