CASE: Marriage-Based Green Card 

CLIENT: Filipino

LOCATION: Katy, TX

Our client came to the United States from the Philippines on a F-1 student visa. He married his current wife, who is a green card holder, in March 2017.  After marriage, his wife filed an I-130 petition on behalf of our client in April 2017. This I-130 petition was approved on January 15, 2019. Our office helped our client in the I-130 petition process. 

Our client retained our office again for his I-485 adjustment of status application. We could file the I-485 application because the priority date for F2A category was current at the time of filing. Our office prepared and filed an I-485 adjustment of status application, together with all necessary supporting documents, on February 4, 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 via conference call. On December 3, 2019, our client was interviewed at the Houston, Texas USCIS office. The interview went well, and the priority date for our client was current at the time of the interview as well. Eventually, on December 16, 2019, her green card application was approved.

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CASE: I-751

APPLICANT: Nigerian

LOCATION: Niles, OH

Our client contacted our office in April of 2018 regarding her and her son’s I-751 applications.

She is from Nigeria and she married a U.S. citizen. Through her marriage, she and her son obtained a 2-year conditional green card in August of 2016. Thus, their conditional residency terminated in August 2018. 

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, and our office prepared an I-751 application for our client and her son with other supplemental exhibits.

On July 18, 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, joint tax documents, 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. However, the USCIS scheduled an interview for our client and her husband. On December 5, 2019, our client and her husband were requested to appear for the interview at the USCIS Cleveland Field Office.  Prior to the interview, our office prepared them thoroughly over the phone and also accompanied them at the interview as well. Eventually, on December 18, 2019, the USCIS approved our client’s I-751 application.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Bell, CA

Our client came from the Philippines on a J-1 in September 2016 to work as a teacher. Based on her DS-2019, she was subject to the two-year foreign residency requirement. After her authorized stay period expired, she remained in the United States. 

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 June 25, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On September 10, 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 December 9, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on December 19, 2019, 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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CASE: Marriage-Based Adjustment of Status

CLIENT: Portuguese

LOCATION: Cleveland, OH

Our client came to the United States from India (citizen of Portugal) on a F-1 student’s visa. She married a U.S. Citizen in May 2019 and retained our office on August 6, 2019 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 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 via conference calls. On December 17, 2019, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, on December 18, 2019, her green card application was approved.

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CASE: PERM Labor Certification    
EMPLOYER: Fabric Manufacturer
BENEFICIARY: Filipina General Merchandise Expert Sewer
LOCATION: Chagrin Falls, OH

Our client is a fabric manufacturer in Ohio. They do 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. Now our client can file the I-140 petition.

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CASE: I-485 based on Approved I-140 (EB-2)

 APPLICANT: Chinese

 LOCATION: Garden City, NY

Our client is a certified nurse practitioner from China, who is currently working at a dermatology clinic which was willing to petition her for a second-preference petition (I-140).  Our client has a Master’s Degree in Nursing and has worked for this clinic since 2013. She has maintained her status as an H-1B visa holder in the United States. She had an approved I-140 petition which was filed by her current employer and this I-140 petition’s priority date was May 5, 2015.

In June 2019, she contacted our office and retained us for her and her immediate family members’ I-485 adjustment of status applications. Our office filed an I-485 adjustment of status applications for our clients on July 19, 2019. 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 December 16, 2019, our clients were interviewed at Holtsville New York USCIS office. Eventually, on December 17, 2019, her and her family members’ green card applications were approved.

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CASE: PERM Labor Certification    
EMPLOYER:  Plastic Manufacturing Company in Solon, OH
BENEFICIARY: Nigerian Project Engineer

Our client is from Nigeria. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Chemical Engineering. After talking to our client, our firm concluded that his employer can petition him as a Project Engineer. Based on our client’s education and work background, our office determined that he is eligible for EB-3 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 February 20, 2019, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on June 11, 2019. On September 3, 2019, we promptly filed PERM. Eventually, on December 18, 2019, the PERM Labor Certification was approved – an EB3 position for the Nigerian beneficiary. Now our client can file the I-140 petition.

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CASE: I-140 (EB-3 Skilled Worker)    
EMPLOYER: Chinese Restaurant
BENEFICIARY: Chinese Specialty Cook in China
LOCATION: Cleveland, Ohio

Our client is a Chinese restaurant in Cleveland, Ohio. They do have a prospective employee from China and they wanted to petition him for a skilled worker, third-preference petition (I-140). Their prospective employee has more than 2 years of experience as a Chinese cook. After talking to our client, our firm concluded that they can petition him as a Chinese Specialty Cook. Our client eventually retained us on May 22, 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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On May 30, 2018, the prevailing wage request was filed.  After we got the PW determination, our office filed the job order on October 8, 2018. On February 8, 2019, we promptly filed PERM. Eventually, on April 30, 2019, the PERM Labor Certification was approved – an EB3 position for the Chinese 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 September 13, 2019 via regular processing service. Eventually, on November 19, 2019, the I-140 EB3 Petition for our Chinese client was approved without any Request for Evidence (RFE). He can file an immigrant visa once his priority date becomes current. 

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CASE: I-485 (EB-3)    
APPLICANT: Chinese Early Childhood Creative Programs Director
LOCATION: St. Paul, MN

Our client is from China, who is currently staying in the United States on F-2 status. She has a prospective employer which was willing to do an immigration petition for her, third-preference. Our client has a Bachelor’s degree in Art Education. After talking to our client, our firm concluded that her employer can petition her as an Early Childhood Creative Programs Director. Based on our client’s education and work background, our office determined that she is eligible for EB-3 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 April 16, 2015, the prevailing wage request was filed.  After we obtained foreign degree evaluation report and Prevailing Wage determination, our office filed the job order on August 11, 2015. On October 27, 2015, we promptly filed PERM. Eventually, on March 28, 2016, the PERM Labor Certification was approved – an EB3 position for the Chinese 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 financial records, and other necessary supporting documents. The I-140 Petition was filed on July 11, 2016 via premium processing service. However, the USCIS issued Request for Evidence (RFE) on July 25, 2016 and requested the Petitioner’s tax record to demonstrate whether Petitioner has sufficient net current asset to pay proffered wage of beneficiary. On September 29, 2016, our office filed the Response to RFE to USCIS along with Petitioner’s 2015 federal tax record. Eventually, on October 5, 2016, the I-140 EB-3 Petition for our Chinese client was approved. 

Once her priority date became current in 2018, she retained our office again and determined to file an adjustment of status application for her and her husband. On December 5, 2018, our office filed an I-485 adjustment of status application for our client and her husband. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference calls as well. On August 28, 2019, our client was interviewed at Minneapolis Minnesota USCIS office. Though their interview went well, the visa numbers were not available for their cases in August and September of 2019. Nevertheless, on December 6, 2019, their I-485 applications were approved by the USCIS.

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CASE: I-485 Adjustment of Status / I-140 (EB-2 Category) / Schedule A 

APPLICANT: Filipina Physical Therapist

LOCATION: Philip, South Dakota

Our client is a physical therapist from the Philippines who is currently working for her employer on a H-1B status. Her current employer-sponsor was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a physical therapist, she was 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 Physical Therapist is included in Schedule A.

Our client has U.S. equivalent Master’s degrees in Physical Therapy and is a licensed physical therapist in the State of South Dakota. Our office was retained on September 10, 2018 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on April 22, 2019 via premium processing. We included the job offer letter, the notice of filing, employment letter, and other necessary supporting documents. In our cover brief, we included the “ability to pay” argument and why nurse practitioners must fall under the Schedule A designation.  However, on April 26, 2019, the USCIS Nebraska Service Center issued Request for Evidence and requested our client to submit her marriage certificate and a letter from her employer stating the signed date of the notice of filing document. Our office filed the Response to RFE on April 29, 2019. Eventually, on May 2, 2019, the USCIS Nebraska Service Center approved her EB-2 I-140 petition. 

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her and her immediate family members. On June 25, 2019, our office filed an I-485 adjustment of status application for our client and her family. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference calls as well. On December 9, 2019, our client was interviewed at Omaha Nebraska USCIS office. The interview went well, our client and her family members’ adjustment of status applications were approved by the USCIS on the same day of the interview.

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