CASE: I-140 (EB-3 / Skilled Worker)    
EMPLOYER: Chinese Restaurant
BENEFICIARY: Chinese
LOCATION: Ohio

Our client is a Chinese restaurant in 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 September 29, 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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On October 6, 2016, the prevailing wage request was filed.  After we got the PW determination, our office filed the job order on January 24, 2017. On June 9, 2017, we promptly filed PERM. Eventually, on October 25, 2017, 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 January 22, 2018 via regular processing service. Eventually, on September 18, 2018, 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-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipina Physical Therapist

LOCATION: Houston, TX

Our client is a physical therapist in the Philippines. Her prospective 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 Texas. Our office was retained on May 9, 2018 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on September 10, 2018 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.  

Eventually, on September 24, 2018, 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 will be current in October 2018), she can file his immigrant visa application next month.

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CASE: Fiancé Visa

PETITIONER: US Citizen in Cleveland OH

BENEFICIARY: Brazilian

PETITION FILED: August 18, 2017

PETITION APPROVED: March 27, 2018

K-1 VISA APPROVED: August 21, 2018

Our client, a US Citizen Petitioner, met his fiancée in 2015. They started their relationship, and he visited Brazil for 15 days.  He went to Brazil again in 2016 and stayed there for 4 months with his fiancée. They decided to get married and our client decided to file a fiancé petition for his fiancée.  He retained our firm to file a fiancé petition for her on June 15, 2017.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on August 18, 2017.

On March 27, 2018, the I-129F fiancé petition was approved. On August 21, 2018, our client’s fiancée appeared at the U.S. Consulate General in San Paolo, Brazil for her K-1 visa interview. The interview went well, and after the interview, the U.S. Embassy issued her K-1 visa.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: India                                                                                                       

LOCATION: Chatsworth, CA

Our client is from India who came to the U.S. on an F-1 student visa to pursue his graduate studies. In March 2018, our client married his current U.S. citizen wife.  He retained our office on March 28, 2018 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 17, 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 via conference calls. On September 17, 2018, our client was interviewed at the Chatsworth California USCIS office. Eventually, on the same day of the interview, his green card application was approved.

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Nepalese

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 on 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.

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CASE: EB-2 I-140

EMPLOYER: Public Schools District

BENEFICIARY: Filipino Speech Language Pathologist

LOCATION: North Dakota

Our client has a current employer who was willing to petition him for a second-preference petition (I-140).  Our client has a master’s degree in speech language pathology, a valid North Dakota speech language pathologist license, and has worked for his current employer since August 2015. Based on our client’s education and work background, our office determined that he is clearly eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us in March 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 June 20, 2017. On December 13, 2017, we promptly filed PERM. Eventually, on April 26, 2018, the PERM Labor Certification was approved – an EB2 position for the Filipino 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 July 26, 2018 via premium processing service.

However, on August 6, 2018, the USCIS Nebraska Service Center issued Request for Evidence (RFE) and requested our client to submit the documents to show special skills for Beneficiary. On September 5, 2018, our office filed Response to RFE and included the letter from the Petitioner regarding the proof that Beneficiary already obtained his special skills for the proffered position.

Eventually, on September 14, 2018, the I-140 EB2 Petition for our Filipino client was approved. He can file an I-485 adjustment of status application for his green card in October 2018.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Pakistani                                                                                                        

LOCATION: Cleveland, OH

Our client is from Pakistan who came to the U.S. on a F-1 student visa to pursue his doctoral degree. In September 2017, our client married his current U.S. citizen wife.  He retained our office on October 30, 2017 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 16, 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. On August 31, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney JP Sarmiento from our office accompanied our clients at their interview as well.  Eventually, on September 7, 2018, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina

LOCATION: Cleveland, OH

Our client is from the Philippines who came to the U.S. on a L-1 inter-transferee visa. In August 2017, our client married her current 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 April 18, 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 24, 2018, our client was interviewed at the Cleveland Ohio USCIS office.  Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, on September 10, 2018, her green card application was approved.

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CASE: I-485 Adjustment of Status / Motion to Terminate Removal Proceedings Based on an Approved I-130 Immediate Relative Spousal Petition

CLIENT: Egyptian

LOCATION: Cleveland, OH

Our client is an Egyptian citizen who came to the U.S. on a B-2 Visitor’s Visa in 2014.   Our client and her US Citizen husband married in April 2013. Her husband filed an I-130 petition for in December 2014; however, while the I-130 petition was pending, our client was placed in removal proceedings due to her overstay. Our client retained our office for the representation at her removal proceedings and the I-130 petition for her. We accompanied them at their I-130 interview on October 5, 2017 at the Cleveland USCIS Field Office and this I-130 petition was subsequently approved by the USCIS on October 13, 2017.  

On November 2, 2017, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents. The DHS joined Motion to terminate proceedings after our inquiry, and the Immigration Judge granted the Motion to terminate without prejudice in March 2018.  

After her removal proceeding was terminated, our client retained us again for her I-485 adjustment of status application.  Our firm prepared and filed the I-485 Adjustment of Status Application on March 23, 2018. Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients at our office. On August 24, 2018, our client was interviewed at the USCIS Cleveland Field Office.  Attorney Sung Hee (Glen) Yu from our office accompanied our clients. Eventually, on September 10, 2018, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Moroccan                                                                                                  

LOCATION: Cleveland, OH

Our client is from Morocco who came to the U.S. on an F-1 student visa to pursue her undergraduate degree in the U.S. In November 2017, our client married his current U.S. citizen wife.  He retained our office on April 3, 2018 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 22, 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 2, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on August 11, 2018, his green card application was approved.

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