CASE: I-140 (EB-3)

EMPLOYER: Public School District

BENEFICIARY: Filipino High School Math Teacher

LOCATION: Casa Grande, AZ

Our client has an employer willing to do an I-140 Petition for him. He has a Bachelor’s degree in Math, a valid Arizona Teaching license, and has worked for his employer since July 2016. Based on his education and credentials, our office determined that he is eligible for EB-3 classification for his I-140 petition.  We were retained in May 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 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 filed the job order on September 10, 2020.  On December 11, 2020, we filed PERM. 

On July 7, 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 July 23, 2021. Eventually, on November 1, 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, employee’s W-2 copy, and other necessary supporting documents.

The I-140 Petition was filed on November 19, 2021 via regular processing. On May 17, 2022, the I-140 EB3 Petition for our Filipino client was approved without any Request for Evidence (RFE).

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CASE: Marriage-Based Adjustment of Status

CLIENT: Vietnamese

LOCATION: Youngstown, OH

Our client came to the United States from Vietnam in April 2018 with her B-2 visitor’s visa. Since then, she has remained in the United States. She married a U.S. Citizen in November 2021. She retained our office on February 7, 2022 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 14, 2022. Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On May 17, 2022, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee Yu, Esq. from our office also accompanied our clients. On May 18, 2022, our client’s green card application was approved.

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CASE: I-485/ National Interest Waiver

CLIENT: Korean

LOCATION: Cleveland, OH

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. He is a researcher from South Korea in the field of Biomedical Engineering. 

Our client’s significant contributions have placed him at the pinnacle of his field. Our client’s research include advanced medical image processing, machine/deep learning techniques, and its medical applications. Throughout his career, he has made important and innovative contributions to the field of biomedical engineering and his research successfully demonstrated in various cardiovascular imaging modalities, such as echocardiogram, intravascular ultrasound (IVUS), and intravascular optical coherence tomogram (IVOCT). Because of his innovative research, our client’s 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 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. You’d be eligible for a self-petition and unless you are from China or India, in which case you’d still have to wait for priority dates to be current, you would be eligible to apply for adjustment of status (green card) immediately without any lag in priority dates.

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 26-page brief for our client’s NIW filing. Our client also obtained 7 letters of recommendation from his colleagues and internationally-recognized researchers. Our office also included his publication record, presentation record, 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 his field of endeavor, that he 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 his I-140(NIW) petition to the USCIS Nebraska Service Center on December 29, 2020. On March 3, 2022, the USCIS approved his I-140 petition without any Request for Evidence.  

When we filed his I-140, he concurrently filed his I-485 adjustment of status application. Eventually, on May 17, 2022, our client and his immediate family members’ adjustment of status applications were approved by the USCIS without any Request for Evidence (RFE).  

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Moldovan

LOCATION: New York, NY

Our client contacted us in November 2021 to seek legal representation for his naturalization application. He came to the United States from Moldova and obtained his green card in March 2017. He had multiple lengthy trips to the UK during his permanent residency period. 

His N-400 application was filed on December 3, 2021 with all supporting documents. We included a brief to explain his residency in the U.S., despite his multiple trips to the UK. We explained thoroughly the business nature of his trips. Prior to his citizenship interview, our office prepared him via conference calls.  On May 16, 2022, our client appeared at the New York, NY USCIS office for his naturalization interview. Our client answered all questions correctly and passed his interview. On May 17, 2022, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Waukegan, IL

Our client contacted us in August 2021 to seek legal representation for her naturalization application. She came to the United States from the Philippines and obtained her green card in November 2016.

Her N-400 application was filed on September 3, 2021 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference call.  On May 11, 2022, our client appeared at the Chicago, IL USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization interview. On May 12, 2022, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Colombian

LOCATION: Cincinnati, OH

Our client came to the United States from Colombia on an F-1 student visa. She married her US citizen husband in January 2022. She retained our office on January 25, 2022 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 31, 2022. Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On May 12, 2022, our client was interviewed at the Cincinnati Ohio USCIS office. On May 14, 2022, our client’s green card application was approved.

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CASE: I-751

APPLICANT: Chinese

LOCATION: Fremont, OH

Our client contacted our office in January 2021 regarding her I-751 application.

She is from China and she married a U.S. citizen in September 2018. Through her marriage, she obtained a 2-year conditional green card in April 2019.  Her conditional residency terminated in April 2021.

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 January 22, 2021, and our office prepared the I-751 application for our client. 

On February 2, 2021, 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. On May 9, 2022, the USCIS approved our client’s I-751 application without any Request for Evidence (RFE). Our client received her 10-year green card which removed the conditions.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Waukegan, IL

Our client contacted us in July 2021 to seek legal representation for her naturalization application. She came to the United States from the Philippines and obtained her green card in February 2015.

Once retained, her N-400 application was filed on July 29, 2021 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On April 22, 2022, our client appeared at the Chicago, IL USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization interview. On April 28, 2022, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: H-1B Visa Petition

PETITIONER:  Dental Clinic

BENEFICIARY: Egyptian Periodontist in Toledo, OH

Our client is a dental clinic located in Toledo Ohio.  They contacted our office in early March of this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained his Master of Dentistry in the United States. Also, he had 3 years of residency training in Periodontics in the U.S. Moreover, he is a licensed dentist in the state of Ohio. The proffered position for the Beneficiary is an associate periodontist which clearly qualifies as a specialty occupation.

Upon retention, our office prepared and registered for the H-1B selection process. His case was selected for the 2023 Fiscal Year H-1B quota. Our office prepared and eventually filed the H-1B visa petition with various supporting documents on April 27, 2022 via premium processing.  Our client’s H-1B application was approved on May 6, 2022 without any Request for Evidence (RFE).

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipino                                                                       

LOCATION: Stuttgart, AR

Our client is from the Philippines who came to the U.S. on an H-1B visa. In September 2021, our client married his current U.S. citizen spouse. He retained our office on December 7, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 23, 2021.  Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On April 28, 2022, our client was interviewed at the Memphis, TN USCIS office. On April 29, 2022, his green card application was approved.

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