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

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipino

LOCATION: Beneficiary: Thailand / Petitioner: Houston, TX

Our Filipino client is currently working in Thailand as a nurse supervisor. His prospective employer-sponsor was willing to petition him for a second-preference employment immigrant visa petition (I-140). Since he has a registered nurse license and the proffered position for him is a nurse manager at the nursing care facility, the petitioner 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 Health Services 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 5 years of experience as a nurse supervisor and a coordination nurse. He 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 November 21, 2018 via premium processing. We included a 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.

Eventually, on December 5, 2018, the USCIS Texas Service Center approved his EB-2 I-140 petition. Now, with the approved EB-2 I-140 petition (priority date for EB2 Philippines nationals is current), he can file immigrant visa.

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CASE: Immigrant Visa / I-140 (EB-2)

EMPLOYER: Public Schools District in Kansas

APPLICANT: Filipina Speech Language Pathologist

LOCATION: Manila, Philippines

Our client has a current employer that was willing to petition her for a third-preference petition (I-140).  Our client has a Master’s degree in speech language pathology, and a valid Kansas speech language pathologist license. Based on our client’s education and work background, our office determined that she is eligible for EB-2 classification for her I-140 petition.  Our client eventually retained us in November 2016.

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 March 21, 2017. On July 17, 2017, we filed PERM.

However, on December 18, 2017, 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 December 28, 2017.  Eventually, on March 19, 2018, the PERM Labor Certification was approved – an EB2 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, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on May 14, 2018 via premium processing service. Eventually, on May 25, 2018, the I-140 EB2 Petition for our Filipina client was approved without any Request for Evidence (RFE).

After the approval of the I-140 petition, our client retained us again for her immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on September 10, 2018, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for the client at the U.S. Embassy in Philippines. On December 12, 2018, our client appeared at the U.S. Embassy in Manila, Philippines. Eventually, after the interview, the Immigrant Visa was issued for our client.

With the approved Immigrant Visa, our client can come to the United States immediately, and she will get her green card within two months of entry.

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CASE: N-400 (Citizenship / Naturalization)
APPLICANT: Egyptian
LOCATION: Cleveland, Ohio

Our client contacted us in May 2018 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Egypt and obtained his green card in December 2012. He retained our office for his naturalization and citizenship N-400 application on May 18, 2018. He had one criminal conviction over the last 5 years.

The naturalization and citizenship N-400 application was filed on September 5, 2018 with all supporting documents. Our office prepared him before his naturalization interview, and also accompanied him on November 8, 2018 at the Cleveland CIS office. Our client passed his naturalization and citizenship N-400 interview. However, his N-400 case was continued due to his former criminal conviction. The USCIS officer asked our client to submit a certified copy of his probation completion. Our office submitted the requested document immediately. Eventually, his naturalization application was approved on December 7, 2018. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Korean

LOCATION: Cleveland, OH

Our South Korean client came to the U.S. on an F-1 student visa. In September 2018, our client married her U.S. citizen husband.  She retained our office for her green card application, and our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 19, 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 December 12, 2018, our client was interviewed at the Cleveland Ohio USCIS office.  Attorney Sung Hee (Glen) Yu from our office accompanied our clients. Eventually, on the same day of the interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Malaysia

LOCATION: Cleveland, OH

Our Malaysian client came to the U.S. on a F-1 student visa. In July 2018, she married her U.S. citizen husband.  She retained our office for her green card application, and our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 1, 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 December 6, 2018, our client was interviewed at the Cleveland Ohio USCIS office.  Attorney JP Sarmiento from our office also accompanied our clients. Eventually, on December 7, 2018, her green card application was approved.

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CASE: Adjustment of Status (I-485) / I-140 (EB-2)
EMPLOYER: Egyptian Periodontist
LOCATION: Cleveland, OH

Our Egyptian client worked in the United States on an OPT as an associate periodontist. His current employer was willing to do an immigration petition for him, second-preference. Our client has a dentistry degree in Egypt which is evaluated as Doctor of Dental Medicine degree in the United States. He also has a license to practice dentistry in the state of Ohio and has 3 years of residency training in periodontics.  Based on our client’s education and work, our office determined that he is eligible for EB-2 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 August 18, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on November 1, 2017. On January 16, 2018, we promptly filed PERM. Eventually, on May 18, 2018, the PERM Labor Certification was approved – an EB2 position for the Egyptian 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 June 1, 2018, via premium processing service. Eventually, on June 8, 2018, the I-140 EB-2 Petition for our Egyptian client was approved without any Request for Evidence (RFE).

When we filed his I-140, he concurrently filed his I-485 adjustment of status application. Prior to the interview, we thoroughly prepared our client at our office as well. On September 11, 2018, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. However, the priority date of Eb-2 category for the Egyptian national backlogged. Our client had to wait until the priority date becomes current. In October 2018, his priority date becomes current. Eventually, his I-485 application was approved by the USCIS on November 23, 2018.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Austrian                                                                                                      

LOCATION: Cleveland, Ohio

Our Austrian client came to the U.S. on an L-1A visa. In October 2017, our client married her 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 December 15, 2017. 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 as well. On December 7, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee Yu from our office accompanied our clients. On the same day of the interview, her green card application was approved.

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CASE: PERM Labor Certification    
EMPLOYER:  Sensor Manufacturing Company in Irvine, CA
BENEFICIARY: Japanese Engineering Manager

Our client from Japan works for his US employer on an H1B status. His current employer was willing to do an immigration petition for him, second-preference. Our client has a Master’s degree in Mechanical Engineering. After talking to our client, our firm concluded that his employer can petition him as an Engineering Manager. Based on our client’s education and resume, our office determined that he is eligible for EB-2 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, 2018, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on May 22, 2018. On September 17, 2018, we promptly filed PERM. Eventually, on November 28, 2018, the PERM Labor Certification was approved – an EB2 position for the Japanese beneficiary. Now our client can file the I-140 petition.

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CASE: I-140 / Old Priority Date Retention

EMPLOYER: Public School

BENEFICIARY: Filipina Elementary School Teacher

LOCATION: New Mexico

Our client had an employer willing to petition her for a third-preference petition (I-140).  Our client has a Bachelor’s degree in English, a valid New Mexico Teaching license, and has worked for her current employer since 2016. Based on our client’s school and work background, our office determined that she is eligible for EB-3 classification.  Our client eventually retained us in June 2017.

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 November 1, 2017. On April 13, 2018, we promptly filed PERM.

However, on August 13, 2018, 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 August 22, 2018.  Eventually, on October 23, 2018, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary.

We then proceeded with the I-140 Petition filing. Our client already had her approved I-140 from her old employer with priority date of October 2010.

Under 8 CFR 204.5(e):

“Retention of section 203(b)(1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.”

As mentioned above, our client’s approved I-140 petition was not denied, was actually approved, and was never revoked at any point. Thus, by virtue of 8 CFR 204.5(e), this succeeding I-140 Petition by our client’s current employer for our client is entitled to the previous priority date.

We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s tax records, her previous I-140 approval notice and other necessary supporting documents.

The I-140 Petition was filed on November 1, 2018 via premium processing service. Eventually, on November 6, 2018, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE). Also, the approved I-140 retained our client’s old priority date. She can file an I-485 adjustment of status application for her green card now.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Pakistani                                                                                              

LOCATION: Cleveland, OH

Our client from Pakistan came to the U.S. on an F-1 student visa to pursue his master’s degree in the U.S. In December 2017, our client married his U.S. citizen wife.  He retained our office on April 25, 2018 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 6, 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 August 21, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well.

However, the USCIS issued the request for evidence (RFE) on August 23, 2018 and requested our client to explain the circumstances of his previous F-1 visa denial. We helped our client to draft an affidavit and filed the response to RFE on August 28, 2018. Eventually, on November 8, 2018, his green card application was approved.

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