CASE: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Vietnamese

LOCATION: Lansing, MI

Our client contacted our office in December 2017 regarding her potential I-751 filing. She got her conditional green card in March 2016 through her marriage to her U.S. citizen spouse. Her conditional residency terminated in March 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 with other supplemental exhibits.

On January 28, 2018, our office filed an 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. Once the application was filed, the fingerprint notice was issued two weeks later.

Unfortunately, her husband suddenly passed away in December 2018. Thus, our client could not continuously pursue her I-751 joint petition with her late husband.  Nevertheless, our office filed I-751 conversion request to the USCIS based on April 3, 2009 Donald Neufeld Memo “I-751 Filed Prior to Termination of Marriage”. We filed the conversion request on December 26, 2018.

Eventually, the USCIS approved our client’s I-751 application on May 9, 2019 without any RFE or interview. Now, she has her ten-year green card.

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CASE: H-1B Visa Petition

PETITIONER: School District in Mohave Valley, AZ

BENEFICIARY: Filipina Elementary Special 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 Special Education Teacher from the Philippines who has been working for this employer for the last 4 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 Special 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 19, 2019, via premium processing. There were no Requests for Evidence during the processing of the H-1B. Eventually, our client’s H-1B application was approved on May 1, 2019.  She can now work for her employer for three years on an H-1B status.

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CASE: I-751

APPLICANT: Filipina

LOCATION: Batavia, NY

Our client contacted our office in January of 2018 regarding her I-751 application.

She is from the Philippines and she married a U.S. citizen in August 2014. Through her marriage she obtained a 2-year conditional green card in May of 2016.  Her conditional residency terminated in May 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 again on February 1, 2018, and our office prepared an I-751 application for our client with other supplemental exhibits.

On February 21, 2018, our office filed an 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.

Once the application was filed, the fingerprint notice was issued two weeks later. There was no RFE issuance or interview request for our client’s I-751 application. As a result, on May 3, 2019, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions.

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

NATIONALITY: Korean

LOCATION: Columbus, OH

Our client is a citizen of South Korea who came to the U.S. on a J-2 Visa in February 2005.  He came with his father who came on a J-1 Visa for his research program 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.

He turned 21 in October 2011.  He plans to file his adjustment of status with NIW petition.  However, because of his two-year foreign residency requirement, our client cannot change his 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 October 2011.

Our firm was retained to do his J-2 waiver, and on January 18, 2019, 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 March 22, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On May 7, 2019, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Bulgarian
LOCATION: Sandusky, OH 

Our client came to the United States in May 2016 on a J-1 Exchange Visitor visa from Bulgaria.  She was not subject to the two-year foreign residency requirement, so she could apply for adjustment of status in the United States without a waiver.  She married a U.S. Citizen in July 2018 and retained our office on October 16, 2018 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 7, 2018.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients at our office. On May 9, 2019, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen) Yu from our office accompanied them at the interview as well.  On May 9, 2019, her green card application was approved. 

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Brazilian                                                                                               

LOCATION: Tallmadge, OH

Our client is from Brazil who came to the U.S. on a B-2 visitor’s visa in June 2018. In September 2018, our client married her current U.S. citizen husband.  She retained our office for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 31, 2018.  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 at our office. On April 23, 2019, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well. Eventually, on May 7, 2019, her green card application was approved.

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CASE: I-130 (Petition for Father) and Adjustment of Status

CLIENT: Canadian

LOCATION: Clarksburg, MD

Our client retained us for her adjustment of status application. Our client was born in China and became a naturalized Canadian citizen. She came to the United States as a B-2 visitor in May 2005. Thereafter, she has remained in the United States.  She has a U.S. citizen son who just turned 21 in 2018 and her son was planning to file an I-130 petition for our client. She contacted our office in May of 2018 and discussed with us the green card process. After consultation, she retained our office on May 30, 2018.

Once retained, our firm prepared and filed the I-130 Petition and Adjustment of Status Application on July 11, 2018 for our client.  Everything went smoothly and the receipt notices, fingerprint appointment, and a work permit all came on time. On May 2, 2019, our client appeared at her I-485 adjustment of status interview at Baltimore, Maryland USCIS Field Office. Prior to the interview, our office prepared her via conference calls. Eventually, on May 7, 2019, our client’s adjustment of status application was approved. Now, she is a green card holder.

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CASE: PERM Labor Certification    
EMPLOYER: Chinese Restaurant
BENEFICIARY: Chinese Specialty Cook in China
LOCATION: Cleveland, Ohio

Our client is a Chinese restaurant in Cleveland, Ohio. They had a prospective employee from China and they were willing 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. Now our client can file the I-140 petition.

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CASE: H-1B Extension

PETITIONER: Elementary School

BENEFICIARY: Filipina Elementary School Teacher

LOCATION: Crownpoint, New Mexico

Our client is a public grant elementary school for Native Indians in New Mexico. They contacted our office to seek assistance from our office for their foreign employee. The beneficiary is from the Philippines and she obtained her Bachelor’s degree in English. The proffered position for the Beneficiary is an elementary school teacher which we argued qualifies as a specialty occupation

The foreign beneficiary in this case already had her H-1B from our client last year.  She also has an approved I-140 petition which allows her to get three year extension. Her H-1B status was not yet expired, and she wanted to extend her H-1B status.

After retention, our office promptly filed the H-1B visa petition with various supporting documents on December 3, 2018 via regular processing.  Since this petition was based on an extension, this petition was exempt from the annual cap of the H-1B. Thus, we could file prior to April 1, 2019.  Eventually, our client’s H-1B Petition was approved on April 9, 2019 without any RFE. Now the Beneficiary can work for her Petitioner-Employer as an H-1B visa holder and she can continuously work there.

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CASE: I-485 / I-140 (EB-1C Category: Executives and Managers of Multinational Organizations)

APPLICANT: Filipino Executive

LOCATION: Las Vegas, NV

Our client is the CEO of a multinational adventure travel company in Las Vegas.  He is from the Philippines, and has worked for its parent company as an Executive. He came to the United States in January 2015 on a L-1A visa to open a new office.  Our client eventually retained us for his I-140 EB1C and subsequent I-485 adjustment of status application.

An employer can petition for its foreign employee under INA § 203(b)(1)(C) if it demonstrates the following: (C) Certain multinational executives and managers – An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien’s application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.

According to the INA §101(a)(44), 8 U.S.C. §1101(a)(44) and 8 C.F.R §204.5(j)(2), “executive capacity” means an assignment in an organization in which the employee primarily: (1) Directs the management of the organization or a component or function; (2) Establishes goals and policies; (3) Exercise wide latitude in discretionary decision making; and (4) Receives only general supervision or direction from higher level executives, board of directors or stockholders.

Also, above the mentioned statutes define “managerial capacity” as an assignment with the organization in which the employee personally: (1) Manages the organization, department, subdivision, function or component; (2) Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization or department or subdivision of the organization; (3) Has authority to hire and fire or recommend personnel actions (if another directly supervises employees), or if no direct supervision, functions at a senior level; and (4) Exercises discretion over day-to-day operations of the activity or function.

After our office was retained, we prepared a thorough cover letter and obtained all necessary supporting documents from our client and the petitioning company. In our brief, we clearly demonstrated that our client met the requirements set forth in the INA §203(b)(1)(C).  First, the prospective U.S. employer (Petitioner-Company) has been doing business for at least 1 year. Second, the prospective employer (Petitioner) in the United States is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien was employed abroad.  Third, if the worker is already employed in the United States, he or she was employed outside the United States for at least 1 year in the 3 years preceding admission as a non-immigrant in an executive or managerial capacity by the petitioner or by its parent branch, subsidiary, or affiliate. Last, the alien is to be employed in the United States in a managerial or executive capacity.

In this case, the Petitioner-company has been doing business for 3 years in the United States. In addition, Petitioner-Company is the wholly-owned subsidiary of its Filipino parent company where our client was employed for 6 years. Moreover, our client was employed outside the U.S. for at least 1 year in the 3 years preceding admission as a non-immigrant in an Executive or Managerial Capacity by the Petitioner’s parent company in the Philippines.  Our client served as an executive for the parent company. Lastly, our client is to be employed in the United States as a president for the petitioner.

On the application package, we included a detailed job offer letter, employment verification letter from our client’s previous employer (parent company), an organization chart, and a dispatch order.  Also, we included evidence regarding the relationship between the Petitioner-Company and its Parent company in the Philippines. The evidence included a copy of the certificate of ownership, a copy of the articles of incorporation, a copy the business registration certificate, a copy of the financial statements.  The I-140 Petition was filed on September 11, 2017. On July 11, 2018, the I-140 petition was approved with no Requests for Evidence.

While the I-140 petition was pending, our office filed the I-485 adjustment of status applications for him and his wife. 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 April 8, 2019, our client was interviewed at Las Vegas, Nevada USCIS office. Eventually, on May 1, 2019, our clients’ green card applications were approved.

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