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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse in Overland Park, KS

LOCATION: Houston, TX

Our client is 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 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 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, the notice of filing, and other necessary supporting documents.  On October 24, 2019, our office filed I-907 premium processing upgrade request for this petition. Without any issuance of Request for Evidence (RFE), on November 6, 2019, the I-140 was approved. Now, our client can file an adjustment of status application based on the approved I-140 petition when her priority dates become current.

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CASE: I-130 (Petitions for Parent) and Adjustment of Status

CLIENT: Ukrainian

LOCATION: Parma, OH

Our client and his parents contacted our office in July 2018. Our client’s parents came to the United States in November 1994 with a  B-2 visitor’s visa. They have remained in the United States since then. While they were in the United States, they filed for asylum in the United States and were placed in removal proceedings. Their removal proceedings were terminated by the immigration judge and they have remained in the United States.

Our client’s son became 21 years old in March 2019. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Applications on April 1, 2019.  Everything went smoothly and the receipt notices, fingerprint appointment, and a work permit all came on time. On September 23, 2019, our clients appeared at their I-485 adjustment of status interview at Cleveland, Ohio USCIS Field Office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. 

Eventually, on the same day of her interview, our client’s mother’s adjustment of status application was approved. However, the USCIS issued Request for Evidence for our client’s father and requested the certified copy of his criminal record in the 90s. Our office filed the Response to RFE on October 16, 2019. On October 30, 2019, our client’s father’s adjustment of status application was approved.

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CASE: I-485 Adjustment of Status / Schedule A 

APPLICANT: Nepalese Registered Nurse

LOCATION: Lincoln, NE

Our client is a registered nurse from Nepal licensed in the state of Nebraska. She came to the United States and currently works in the United States with her TPS status.  Her current employer was willing to petition her for a third-preference employment immigrant visa petition (I-140). 

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 worked for the sponsor-employer. Our firm told her that her employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on April 12, 2018 and started on her Prevailing Wage Request.

We filed the I-140 application on July 31, 2018 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents.  However, the USCIS issued Request for Evidence on August 8, 2018 and requested our client to submit the Petitioner’s financial record to show ability to pay the proffered wage for our client. We filed the Response to RFE on August 21, 2018 and eventually, on September 1, 2018, the I-140 was approved. 

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 husband. On October 15, 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 8, 2019, our client was interviewed at Omaha Nebraska USCIS office. Though their interview went well, the visa numbers were not available for their cases in August and September of 2019. Nevertheless, on October 30, 2019, their I-485 applications were approved by the USCIS. 

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Williston, ND

Our client came to the United States as a J-1 exchange visa holder to work as s speech language pathologist. His current U.S. employer filed an I-140 petition in 2018 for him and this petition was approved by the USCIS. Our client and his family members filed their adjustment of status application in December 2018. However, it was not clear whether his program was subject to the two-year foreign residency requirement. His J-1 visa page clearly states that he is not subject to the requirement; though his wife’s J-2 visa page states that she is subject to the requirement. In order to clarify it, our office filed an advisory opinion request to the Department of State in January 2019. The DOS responded that our client is subject to the 2-year foreign residency requirement. 

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. Our client needs a waiver and sought for our legal assistance on this matter. 

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 May 9, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the North Dakota State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippines Government) were sent to the Philippines Consulate General in Chicago for further authentication.  On May 22, 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 the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on October 31, 2019, the USCIS issued an I-612 approval notice for the waiver.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: Woodridge IL

Our client contacted us in February 2019 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from the Philippines and obtained his green card in January 2016 through his marriage to his current U.S. citizen wife. 

Once retained, his N-400 application was filed on February 14, 2019 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On August 20, 2019, our client appeared at the Chicago, Illinois USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on October 28, 2019. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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

 APPLICANT: Korean

 LOCATION: Erie, PA

Our client is an assistant professor from South Korea, who is currently teaching at a state university which was willing to petition him for a second-preference petition (I-140).  Our client has a Ph.D. degree and has worked for this school since August 2017. He has maintained her status as an H-1B visa holder in the United States. He had an approved I-140 petition which was filed by his current employer and this I-140 petition’s priority date was July 5, 2018.

In November 2018, he contacted our office and retained us for his I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on November 21, 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 August 26, 2019, our client and his wife were interviewed at Buffalo New York USCIS office. The interview went well; however, the visa number was not available after the interview.  Eventually, on October 28, 2019, his and his wife’s green card applications were approved.

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CASE: EB-3 I-140

EMPLOYER: Rehabilitation Center in Katy, TX 

BENEFICIARY: Filipina SM Network and Computer Systems Administrator in Malaysia

Our client has a prospective employer that as willing to petition her for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Computer Science and currently works for an IT consulting company in Malaysia. 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 April 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. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, the job order was filed on September 27, 2018. On January 21, 2019, we promptly filed PERM. 

However, on May 24, 2019, the Department of Labor issued a request for 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 June 6, 2019.  

Eventually, on August 29, 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, employee’s academic credential documents, and other necessary supporting documents.

The I-140 Petition was filed on September 18, 2019 via regular processing service. Eventually, on October 11, 2019, the I-140 EB3 Petition for our Filipina client was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Jamaican

LOCATION: Prosper, TX

Our client contacted us in December 2018 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Jamaica and obtained his green card in February 2014. 

Once retained, his N-400 application was filed on January 29, 2019 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On October 23, 2019, our client appeared at the USCIS Dallas Texas USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on the same day of the interview. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Green Card (Same Sex Marriage Case)

CLIENT: German

LOCATION: Columbia, SC

Our client came to the United States from Germany in April 2019 as a visa waiver entrant. He married his U.S. Citizen same-sex spouse in June 2019.

On June 26, 2013, the U.S. Supreme Court held that restricting U.S. federal interpretation of “marriage” and “spouse” to apply only to heterosexual unions, by Section 3 of the defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. United States v. Windsor, 570 U.S. ___ (2013). After Windsor decision, the USCIS implemented a new policy that the USCIS officer must review immigration via petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. As long as a same-sex couple is married in a U.S. state that recognizes same-sex marriage, their marriage shall be considered a valid marriage under the immigration law. 

They married in Washington, D.C. where the same-sex marriage is recognized. Our client contacted our office and retained us right after they got married for his I-130 petition and I-485 adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on June 24, 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 October 16, 2019, our client was interviewed at the Charleston South Carolina USCIS office. The interview went well and his green card application was approved on October 22, 2019.

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CASE: I-751

APPLICANT: Mexican

LOCATION: Fairborn, OH

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

He is from Mexico and he married a U.S. citizen. Through his marriage, he obtained a 2-year conditional green card in June of 2017. Thus, his conditional residency terminated in June 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 April 23, 2019, and our office prepared an I-751 application for our client with other supplemental exhibits.

On April 24, 2019, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, utility bills, joint tax documents, , and photos of our client and his wife to demonstrate the bona fideness of their marriage.

Several months later, the USCIS scheduled an interview for our client and his wife. On October 25, 2019, our client and her husband were requested to appear for the interview at the USCIS Cincinnati Field Office.  Prior to the interview, our office prepared them thoroughly in our office as well. The interview went well, and as a result, on October 28, 2019, the USCIS approved our client’s I-751 application. 

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