CASE: H-1B Visa Petition

PETITIONER:  Functional Food Company in Dallas Texas

BENEFICIARY: Indian Industrial Engineer

Our client is a global healthy functional food company in Dallas, TX. They contacted our office in later February of this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained her Master of Science in Industrial Engineering in the United States. The proffered position for the Beneficiary is an Industrial Engineer which clearly qualifies as a specialty occupation.

Upon retention, our office prepared and eventually filed the H-1B visa petition with various supporting documents on March 30, 2018 via regular processing service. This H-1B petition was selected after the lottery. Our client’s H-1B application was approved on June 21, 2018 without any Request for Evidence (RFE).

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

EMPLOYER: Health Service Ambulatory Facility

BENEFICIARY: Filipina Nurse Manager

LOCATION: Saipan, Northern Mariana Islands

Our client is a Filipina nurse manger and her current 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 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 more than 5 years of experience as a staff nurse. She also has a registered nursing license in Northern Mariana Islands. 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 October 18, 2017 via regular 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.

However, on May 14, 2018, the USCIS issued Request for Evidence (RFE) and requested Petitioner’s most recent tax records to prove its “ability to pay.” Our office filed the Response to RFE on June 7, 2018.

Eventually, on June 26, 2016, 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.

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CASE: PERM Labor Certification    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Indian Endodontist

Our client is from India, who is currently working in the United States as an associate endodontist under her OPT. Her current employer is willing to do an immigration petition for her, second-preference. Our client has a dentistry degree in India which is evaluated as an equivalent degree of Doctor of Dental Surgery degree the United States. She also has a license to practice dentistry in the state of Ohio and has 2 years of residency training in endodontics.  After talking to our client, our firm concluded that her employer can petition her as an associate endodontist. Based on our client’s educational, professional and working backgrounds, our office determined that she is clearly 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 23, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on November 1, 2017. On February 6, 2018, we promptly filed PERM. Eventually, on June 11, 2018, the PERM Labor Certification was approved – an EB2 position for the Indian beneficiary. Now our client can file the I-140 petition.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Romanian

LOCATION: Cleveland, OH

Our client contacted us in March 2018 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Romania and obtained his green card in December 2008.

Once retained, his N-400 application was filed on March 12, 2018 with all supporting documents. Prior to his citizenship interview, our office prepared him at our office.  On May 22, 2018, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview.

However, on May 31, 2018, the USCIS issued  Request for Evidence and requested our client’s previous arrest record. He submitted the requested arrest record immediately. Nevertheless, his application was approved on June 26, 2018. 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: Ohio

Our client is an assistant professor from South Korea, who is currently teaching at a state university which was willing to petition her for a second-preference petition (I-140).  Our client has a Ph.D. degree and has worked for this school since 2015. She has maintained her status as an H-1B visa holder in the United States. She had an approved I-140 petition which was filed by her current employer and this I-140 petition’s priority date was July 12, 2016.

In August 2017, she contacted our office and retained us for her I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on October 6, 2017. 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 June 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. Eventually, on June 12, 2018, her green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Romanian

LOCATION: Cleveland, OH

Our client contacted us in March 2018 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Romania and obtained his green card in January 2008.

Once retained, his N-400 application was filed on April 2, 2018 with all supporting documents. Prior to his citizenship interview, our office prepared him at our office.  On June 12, 2018, our client appeared at the Cleveland, OH 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 June 14, 2018. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: I-485 Adjustment of Status / I-140 (EB-2)
CLIENT: Korean Associate Dentist

Our client is from South Korea, who is currently working in the United States as an associate dentist under H-1B status. Her current employer was willing to do an immigration petition for her, second-preference. Our client has a Doctor of Dental Medicine degree in the United States. After talking to our client, our firm concluded that her employer can petition her as an associate dentist. Based on our client’s education and work background, our office determined that she is clearly 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 10, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on May 16, 2017. On August 4, 2017, we promptly filed PERM. Eventually, on December 21, 2017, the PERM Labor Certification was approved – an EB2 position for the Korean 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 11, 2018 via premium processing service. Eventually, on January 22, 2018, the I-140 EB-2 Petition for our Korean client was approved without any Request for Evidence (RFE).

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her. On February 9, 2018, our office filed an I-485 adjustment of status application for our client. 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 June 18, 2018, our client was interviewed at Cleveland Ohio USCIS office. Attorney JP Sarmiento from our office also accompanied our client as well. Eventually, on June 19, 2018, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Canadian
LOCATION: Cleveland Ohio

Our client came to the United States as a visitor from Canada in June 2017.  He has a U.S. citizen wife who filed an I-130 petition for him in 2017. Our client originally planned to file his immigrant visa via consular processing in Canada, but after he came to the U.S., he changed his mind.  He retained our office on September 19, 2017 for his adjustment of status application.  Our firm prepared and filed the Adjustment of Status Application on October 5, 2017.  His I-130 petition was approved in October 2017 as well. 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 in our office.  On June 14, 2018, our client was interviewed at the Cleveland, Ohio USCIS. Attorney Sung Hee (Glen) Yu accompanied them at the interview as well.  On the same day of his interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Nigerian

LOCATION: Cleveland, OH

Our client is from Nigeria who came to the U.S. on a F-1 Student Visa in December 2016 to pursue his master’s degree in United States.  In February 2018, our client married his current U.S. citizen wife.  He retained our office for his green card application on March 6, 2018. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 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 as well. On June 14, 2018, our client was interviewed at the Cleveland USCIS office. Attorney Sung Hee (Glen) Yu also accompanied our clients as well.  Eventually, on June 15, 2018, his green card application was approved.

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CASE: I-485 Adjustment of Status / I-140 (EB-2)
CLIENT: Korean Associate Dentist

Our client is from South Korea, who is currently working in the United States as an associate dentist under H-1B status. Her current employer was willing to do an immigration petition for her, second-preference. Our client has a Doctor of Dental Medicine degree in the United States. After talking to our client, our firm concluded that her employer can petition her as an associate dentist. Based on our client’s education and work background, our office determined that she is clearly 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 10, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on May 16, 2017. On August 4, 2017, we promptly filed PERM. Eventually, on December 21, 2017, the PERM Labor Certification was approved – an EB2 position for the Korean 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 11, 2018 via premium processing service. Eventually, on January 22, 2018, the I-140 EB-2 Petition for our Korean client was approved without any Request for Evidence (RFE).

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her. On February 9, 2018, our office filed an I-485 adjustment of status application for our client. 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 June 18, 2018, our client was interviewed at Cleveland Ohio USCIS office. Attorney JP Sarmiento from our office also accompanied our client as well. Eventually, on June 19, 2018, her green card application was approved.

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