CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Chicago, IL

Our client contacted us in August 2018 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Philippines and obtained her green card in May 2013.  

Once retained, her N-400 application was filed on August 22, 2018 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On March 13, 2019, our client appeared at the Chicago, Illinois USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on May 30, 2019. Her oath

{ 0 comments }

CASE: Asylum

CLIENT: Saudi Arabian

LOCATION: Minneapolis MN

Our client, a Saudi Arabian asylum seeker from Minneapolis, retained us on January 12, 2015 to help him with his asylum case. He wanted to seek asylum relief with the US Citizenship and Immigration Service.

While he was in Saudi Arabia, he was persecuted by his religious denomination and later being an atheist. He is scared to go back home to Saudi Arabia, fearing that he will be clearly persecuted again.

We helped him to prepare for his asylum application, going over several drafts until his claim was as detailed as possible. Names, addresses, dates, and all possible issues relevant to his asylum claim were addressed. We also asked him to provide supporting documents corroborating his claims. Our firm also did some research on articles pertaining to his particular claim, and the type of persecution that you would suffer in Saudi Arabia if you are not Sunni Muslim.

The asylum application was filed in February 11, 2015. In October 2017, his interview was scheduled.  Prior to his interview, our office prepared him thoroughly for his case over the conference calls to make sure he was able to address questions the asylum officer would ask. Attorney Sung Hee (Glen) Yu from our office also accompanied our client at his interview at the USCIS Field Office in Minneapolis, MN on October 31, 2017.

Eventually, on May 17, 2019, the USCIS Chicago Asylum Office approved our client’s asylum case.

{ 0 comments }

CASE: H-1B Visa Petition

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 March 2019 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 status. Though she was subject to INA 212(e), two-year foreign residency requirement, she already obtained a J-1 waiver from the USCIS.

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 2020 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).

Once retained, our office filed the H-1B visa petition with various supporting documents on April 29, 2019, via premium processing. However, the USCIS issued the Request for Evidence (RFE) and requested our client to submit her I-612 J-1 waiver approval notice once again. Our office filed the Response to RFE on May 14, 2019. Eventually, our client’s H-1B application was approved on May 23, 2019.  She can now work for her employer for three years on an H-1B status.

{ 0 comments }

CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Des Moines, IA

Our client came to the United States in March 2013 with a H-1B visa from the Philippines. Later, she married a U.S. Citizen in December 2017 and retained our office for her petition and adjustment of status application. She also asked us to file her minor daughter’s (Petitioner’s step-daughter) adjustment of status application.

Once retained, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on August 8, 2018. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence.

Prior to the interview, we thoroughly prepared our clients via conference calls. On May 21, 2019, our clients were interviewed at the Des Moines, Iowa USCIS office. On the same day of their interview, our client and her daughter’s green card applications were approved.

{ 0 comments }

CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipina

LOCATION: Houston, TX

Our client is an F-1 student from the Philippines. Her prospective employer-sponsor was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she has a registered nurse license and the proffered position for her is a nurse manager at the nursing care facility, the petition wanted to try going for a “Schedule A” classification. They also wanted to do EB2 (requiring at least a Masters degree or Bachelors degree + 5 yrs experience).

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 having to file a Labor Certification with the Department of Labor. 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. We argued that the position of Nurse Manager should be classified under Schedule A. We argued that it falls under the broad spectrum of “professional nurse” occupations. We also argued that the job description has excerpts that fall under “professional nurse” and that the description justifies the requirements also of Bachelor’s degree in nursing and five years of related experiences.

Our client has a Bachelor’s degree in nursing and has more than five years of experience as a staff nurse. She also has a registered nursing license in the state of Texas. Our office was retained and we started on the Prevailing Wage Determination filing and other related matters.

Once the prevailing wage was determined, we filed the I-140 application on April 15, 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 the nurse manager position falls under a Schedule A and EB2 designation.

However, on April 25, 2019, the USCIS issued a Notice of Intent to Deny (NOID). The USCIS argued that they cannot approve her I-140 petition because the proffered position, Nurse Manager, does not fall under Schedule A designation and it is not an EB-2 classified position. In our response brief, we cited the AAO decision and argued that positions other than “registered nurses” can fall under the definition of professional nurses, and thus fall under the Schedule A designation as well. The position of Nurse Manager for Petitioner, considering its job description, is a “position other than registered nurses that still falls within the definition of a professional nurse.” As to EB-2 classification argument, our office argued that the proffered position has the supervisory role and the complexity of job duties justify the EB-2 designation and the required 5 years experiences under the ONET Job Zone and the Department of Labor’s level. With this detailed response brief and other supporting documents, our office filed the Response to NOID to USCIS Texas Service Center on May 8, 2019.  

Eventually, on May 18, 2019, the USCIS Texas Service Center approved her EB-2 I-140 petition. Now, with the approved EB-2 I-140 petition (priority date for EB2 Philippines nationals is current), she can file her adjustment of status application.

{ 0 comments }

CASE: H-1B Visa Extension Petition
PETITIONER:  Sensor Device Development Company in Irvine, CA
BENEFICIARY: Mechanical Engineer from Japan

Our client is a leading company in providing innovative sensors and health monitoring solutions to the problem related to maintenance and safety of civil infrastructure and other structural / material systems. They contacted our office in January 2019 to seek legal assistance from our office for their foreign employee’s H-1B extension.  The beneficiary obtained his Master’s Degree in Mechanical Engineering. The proffered position for the Beneficiary is a Principal Engineer which qualifies as a specialty occupation. This proffered position is clearly a “specialty occupation” because the minimum requirements for this position are a Bachelor’s Degree in Science/Engineering or its equivalent.  Moreover, our office helped this employee’s H-1B transfer case in 2016 and it was approved by the USCIS.

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on February 18, 2019 via the regular processing service. Eventually, our client’s H-1B application was approved on May 15, 2019.  His H-1B is good until April 11, 2021.

{ 0 comments }

CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipina

LOCATION: Houston, TX

Our client is an F-1 student from the Philippines. Her prospective employer-sponsor was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she has a registered nurse license and the proffered position for her is a nurse manager at the nursing care facility, the petition wanted to try going for a “Schedule A” classification. They also wanted to do EB2 (requiring at least a Masters degree or Bachelors degree + 5 yrs experience).

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 having to file a Labor Certification with the Department of Labor. 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. We argued that the position of Nurse Manager should be classified under Schedule A. We argued that it falls under the broad spectrum of “professional nurse” occupations. We also argued that the job description has excerpts that fall under “professional nurse” and that the description justifies the requirements also of Bachelor’s degree in nursing and five years of related experiences.

Our client has a Bachelor’s degree in nursing and has more than five years of experience as a staff nurse. She also has a registered nursing license in the state of Texas. Our office was retained and we started on the Prevailing Wage Determination filing and other related matters.

Once the prevailing wage was determined, we filed the I-140 application on April 15, 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 the nurse manager position falls under a Schedule A and EB2 designation.

However, on April 25, 2019, the USCIS issued a Notice of Intent to Deny (NOID). The USCIS argued that they cannot approve her I-140 petition because the proffered position, Nurse Manager, does not fall under Schedule A designation and it is not an EB-2 classified position. In our response brief, we cited the AAO decision and argued that positions other than “registered nurses” can fall under the definition of professional nurses, and thus fall under the Schedule A designation as well. The position of Nurse Manager for Petitioner, considering its job description, is a “position other than registered nurses that still falls within the definition of a professional nurse.” As to EB-2 classification argument, our office argued that the proffered position has the supervisory role and the complexity of job duties justify the EB-2 designation and the required 5 years experiences under the ONET Job Zone and the Department of Labor’s level. With this detailed response brief and other supporting documents, our office filed the Response to NOID to USCIS Texas Service Center on May 8, 2019.  

Eventually, on May 18, 2019, the USCIS Texas Service Center approved her EB-2 I-140 petition. Now, with the approved EB-2 I-140 petition (priority date for EB2 Philippines nationals is current), she can file her adjustment of status application.

{ 0 comments }

CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Vietnamese
LOCATION: Stamford, CT

Our client is a citizen of Vietnam who came to the U.S. on a J-2 Visa in August 2008.  He came with his wife (now, his ex-wife) who held a J-1 Visa as an exchange visitor.  Both were subject to the two-year foreign residency requirement.

Unfortunately, while they are residing in the United States, his marriage did not work out well. Eventually, he got divorced from his ex-wife in August 2018 in Vietnam. Prior to their divorce, our client changed his status from J-2 to J-1 (his J-1 program is not subject to the two-year foreign residency requirement). He wanted to file the waiver so that he can be petitioned for H-1B by his current employer.

Our client contacted our office and retained our firm to do his J-2 waiver on December 3, 2018. On December 7, 2018, the J-2 Waiver (DS-3035) 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 was divorced from the J-1 visa holder.  Eventually, on March 25, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Finally, the USCIS issued I-612 waiver approval notice on May 15, 2019.

{ 0 comments }

Case: I-130/I-485
Applicant/Beneficiary – British
Location: Johnson City, TN

Our client entered the United States in May 2017 from the United Kingdom under the visa waiver program. As a Visa Waiver Entrant, he was only authorized to remain in the United States for 90 days.  In January 2018, our client and his U.S. citizen girlfriend got married in the United States.

In May 2018, they contacted our office and consulted with us regarding the adjustment of status. After the consultation, they retained our office on May 9, 2018.  One main issue in his green card application through marriage was the fact that he came to the United States under the visa waiver program.   As our office wrote in our previous success story with a similar issue,  under the visa waiver program, citizens of certain countries can enter the U.S. for 90 days without a visa with the condition that the visitor waives his or her right to contest removal (other than on the basis of asylum).  The “no-contest” provision of the Visa Waiver Program is fundamental; if someone could enter under the VWP and then contest removability, it would defeat the whole purpose of the Program which is to make it easy for certain nationals to come to the United States to visit and then leave without all the red-tape involved in visa issuance.

Since our client resided in Johnson City, TN, his application had a better chance compared to states under the 9th Circuit (see Momeni v. Chertoff).  However, it was quite foreseeable that the USCIS field office will exercise its discretion to deny his application because of his visa waiver entry.  

Nevertheless, our office filed the I-130 Petition and I-485 Adjustment of Status Application on August 1, 2018.  Our office requested the CIS to exercise favorable discretion in granting adjustment of status. Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared via conference call. On May 15, 2019, our client was interviewed at the Nashville, Tennessee USCIS Field Office.  Despite the visa waiver issue, the USCIS officer approved his green card application on the same day of the interview.  Now, our client becomes a green card holder.

{ 0 comments }

CASE: PERM Labor Certification

EMPLOYER: Online Advertising Company

BENEFICIARY: Pakistani E-Commerce Management Analyst

LOCATION: Brooklyn, NY

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 business administration and has worked for her current employer under an H-1B status. 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.  

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 5, 2018, we promptly filed PERM.

However, on January 8, 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 January 23, 2019.  

Eventually, on May 10, 2019, the PERM Labor Certification was approved – an EB3 position for the Pakistani beneficiary. Since her priority date is current, our client can file the I-140, I-485 green card application, and I-765 simultaneously.

{ 0 comments }