CASE: I-485 (Adjustment of Status) /  I-140 (EB-2 Category) / Schedule A

EMPLOYER: Physician’s Office

BENEFICIARY: Kenyan Nurse Practitioner

LOCATION: Houston, TX

Our client is a certified nurse practitioner. Her prospective employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a certified nurse practitioner, 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 Nurse Practitioner is included in Schedule A.

Our client has a Bachelors and Masters degree in nursing and is a certified Nurse Practitioner. Our office was retained on February 23, 2017 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on July 7, 2017 via regular 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.  On February 27, 2018, without any Request for Evidence (RFE), the USCIS Texas Service Center approved her EB-2 I-140 petition.

When we filed her I-140, she concurrently filed her I-485 adjustment of status application. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference calls. On June 18, 2018, our client was interviewed at Houston Texas USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client. The interview went well, and on the same day of the interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese

LOCATION: Cleveland, OH

Our client is from China who came to the U.S. on an H-1B visa. In May 2017, our client married her current U.S. citizen husband.  She retained our office for her green card application in June 2017. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on June 27, 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 June 4, 2018, our client was interviewed at Cleveland Ohio USCIS office.  Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, on June 5, 2018, her green card application was approved.

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CASE: EB-2 I-140    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Egyptian Periodontist

Our client is from Egypt, who is currently working in the United States as an associate periodontist under his OPT. His current employer was willing to do an immigration petition for him, second-preference. Our client has a dentistry degree in Egypt which was evaluated as an equivalent degree of Doctor of Dental Medicine degree 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.  After talking to our client, our firm concluded that his employer can petition him as an associate periodontist. Based on our client’s education and working background, 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. His adjustment of status application will likely be approved as well.

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CASE: I-485 / National Interest Waiver

CLIENT: Korean

LOCATION: Columbus, OH

Our client contacted us in October 2016 about the possibility of doing a National Interest Waiver self-petition. He is a researcher from South Korea and he is an exceptional researcher and scientist in the field of plant developmental biology research.

Our client’s significant contributions have placed him at the pinnacle of his field. He has pioneered the study of leaf and flower development and provided novel insights into the molecular mechanisms underlying floral transition from vegetative cells. Specifically, our client characterized bona fide regulators of cell proliferation of aerial lateral organs and floral transition. Because of his innovative experimental research, our client’s research works were highly evaluated by the reviewers of various journals and by colleagues and experts in the field.

Upon review of his credentials and qualifications, our office determined that he was definitely qualified for the National Interest Waiver (NIW) category. Being qualified for NIW is beneficial since you would not need an employer nor family member to petition for you for green card purposes. You’d be eligible for a self-petition and unless you are from China or India, in which case you’d still have to wait for priority dates to be current, you would be eligible to apply for adjustment of status (green card) immediately without any lag in priority dates.

As a primer, NIW applicants must have a master’s or higher degree. While we prepared his case, the AAO set the new standards for NIW cases in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Under the new standard, the petitioner must demonstrate that the foreign national’s proposed endeavor has both substantial merit and national importance. Next, it must be shown that he or she is well positioned to advance the proposed endeavor. Finally, the petitioner seeking the waiver needs to demonstrate that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Id.

Our office prepared a 21-page brief for our client’s NIW filing. Our client also obtained 9 letters of recommendation from his colleagues and internationally-recognized researchers. Our office also included his publication records, presentation records, and conference materials in the NIW application. We demonstrated that our client is one of the few elite researchers who have made significant and substantial contributions to his field of endeavor, that he is well positioned to advance the proposed endeavor, and it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification for our client. His NIW application contained 34 exhibits (Exhibit A to HH).

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on June 1, 2017. Eventually, on March 6, 2018, the USCIS approved his I-140 petition without any Requests for Evidence.  

When we filed his I-140, he concurrently filed his I-485 adjustment of status application. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference calls. On June 12, 2018, our client was interviewed at Columbus Ohio USCIS office. The interview went well, and on the same day of the interview, his green card application was approved.

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CASE: EB-2 I-140

EMPLOYER: University

BENEFICIARY: Zimbabwean Director of Global Integration & Project Manager

LOCATION: Kansas

Our client has a current employer that was willing to petition his for a second-preference petition (I-140).  Our client has a Ph.D. degree in chemistry and has worked for his current employer since April 2017. Based on our client’s education and work background, our office determined that he is eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us on June 1, 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 August 30, 2017. On November 30, 2017, we promptly filed PERM. Eventually, on April 16, 2018, the PERM Labor Certification was approved – an EB2 position for the Zimbabwean 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 11, 2018 via premium processing service. However, the USCIS Texas Service Center issued Request for Evidence (RFE) for the submission of the document which can demonstrate Beneficiary’s knowledge on certain software. Our client obtained the employment verification letter from his previous employer that attested our client’s use and knowledge of the software. We filed the Response to RFE to USCIS on May 29, 2018.

Eventually, on June 8, 2018, the I-140 EB2 Petition for our Zimbabwean client was approved. Now, he can file adjustment of status application at any time.

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CASE: I-485 Adjustment of Status / I-140 (EB-3)
CLIENT: Korean Taekwondo Coach

Our client is a former Taekwondo athlete, who currently studies in the United States. He has a Taekwondo school who was willing to petition him for a third-preference petition (I-140).  Our client has a bachelor’s degree in a related field. After talking to our client, our firm concluded that his potential employer can petition him as a Taekwondo Coach. Based on our client’s education and work backgrounds, our office determined that he is clearly eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us on December 27, 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 January 6, 2017, the prevailing wage request was filed.  After we obtained foreign degree evaluation report, our office filed the job order on March 29, 2017. On July 18, 2017, we promptly filed PERM. Eventually, on November 1, 2017, the PERM Labor Certification was approved – an EB3 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 November 13, 2017 via premium processing service. Eventually, on November 21, 2017, the I-140 EB3 Petition for our Korean client was approved without any Request for Evidence (RFE).

Once his I-140 petition was approved, he retained our office again and determined to file an adjustment of status application for him. On December 22, 2017, 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 at our office as well. On June 4, 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 5, 2018, his green card application was approved.

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CASE: Marriage-Based Petition and Adjustment of status / I-130 / I-485

CLIENT: Vietnamese

LOCATION: Cleveland, OH

Our client came to the United States from Vietnam with a B-2 visitor’s visa in August 2016. Later, she married her current husband, who was a green card holder at the time of filing, in September 2016. Her husband filed an I-130 petition for her under the F2A category in February 2017.

Later, her husband became a naturalized U.S. Citizen in April 2017.

Our client retained our office in April 2017 for her I-485 adjustment of status application. Our office prepared and filed an I-485 adjustment of status application, together with all necessary supporting documents and pending I-130 petition, on April 14, 2017. We let USCIS office know that the pending I-130 petition should be changed to “Immediate Relative” category since the Petitioner became a U.S. citizen. 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 May 31, 2018, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients. Eventually, on June 5, 2018, the USCIS approved our client’s green card application.

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

Our client came to the United States as a visitor from Canada.  She married her U.S. Citizen husband in January 2018 and retained our office on January 23, 2018 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 1, 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 via conference calls.  On May 25, 2018, our client was interviewed at the Cleveland, Ohio USCIS.  On June 1, 2018, her green card application was approved.

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CASE: I-140 (EB-3)

EMPLOYER: Fashion Design Company

BENEFICIARY: Korean Fashion / Technical Designer

LOCATION: Los Angeles, CA

Our client has a prospective employer who was willing to petition her for a third-preference petition (I-140).  Our client has a bachelor’s degree in fashion design and has relevant work experience. 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.  Our client eventually retained us in February 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 23, 2017. On August 28, 2017, we promptly filed PERM.

However, on January 24, 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 February 5, 2018.  Eventually, on May 7, 2018, the PERM Labor Certification was approved – an EB3 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 most recent federal tax return, and other necessary supporting documents.

The I-140 Petition was filed on May 18, 2018 via premium processing service. Eventually, on June 1, 2018, the I-140 EB3 Petition for our Korean client was approved without any Request for Evidence (RFE). She can file an I-485 adjustment of status application for her green at any time since her priority dates are current.

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CASE: I-751

APPLICANT: Filipina

LOCATION: New York, NY

Our client contacted our office in March of 2017 regarding her I-751 application.

She is from the Philippines and she married a U.S. citizen. Through her marriage, she obtained a 2-year conditional green card in June of 2015. Thus, her conditional residency terminated in June 2017.

To comply with immigration requirements, our client and her spouse had to file an I-751 Joint Petition to Remove Conditions. She retained our office on March 6, 2017, and our office prepared an I-751 application for our client with other supplemental exhibits.

On April 11, 2017, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, joint leasing documents, joint tax documents, and photos of our client and her spouse to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. Eventually, on May 21, 2018, the USCIS approved our client’s I-751 application without any Request for Evidence (RFE).

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