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

NATIONALITY: Kenyan

LOCATION: Wyoming

Our client is a citizen of Kenya who came to the U.S. on a J-2 Visa in December 2001.  He came with his mother who came on a J-1 Visa for her 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.

After his mother’s J-1 program was done, our client remained in the United States.

He turned 21 in 2008. He would like to get a waiver because he has a U.S. citizen fiancé who will file an I-130 for him after their marriage. However, because of his two-year foreign residency requirement, our client cannot adjust his status in the United States without fulfilling the waiver requirement.

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 July 2008.

Our firm was retained to do his J-2 waiver, and on May 4, 2016, 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 June 23, 2016, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On July 7, 2016, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: H-1B Visa Petition

PETITIONER:  Licensed Reference Laboratory

BENEFICIARY: Chinese Preparatory Chemist in Columbus, OH

Our client is a licensed reference laboratory located near Columbus, OH.  They contacted our office in early March of this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained his Master of Science in Chemistry in the United States. The proffered position for the Beneficiary is a preparatory chemist 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 31, 2016 via regular processing service. This H-1B petition was selected after the lottery. Our client’s H-1B application was approved on June 23, 2015.

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CASE: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement 

NATIONALITY: Turkish                                                                                                        

LOCATION: Los Angeles, CA

Our client is from Turkey who came to the U.S. on a J-1 Visa in November 2014 to work as a post-doctoral researcher. She determined that she would like to apply for an adjustment of status based on a possible I-140 National Interest Waiver self-petition. However, she would not be able to adjust her status unless she obtained a waiver of the 2-year foreign residency program.  

She retained our office on January 15, 2016. Thereafter, our office prepared filing a waiver request through a No Objection Statement (NOS) from the Turkish Embassy in the United States. Every country’s Embassy maintains different procedures and policies with regard to the J-1 No Objection Statement waiver.  Our office contacted the Turkish Embassy in D.C. to pursue the waiver for our client.  The Embassy requested several documents including a statement of reason for the waiver and Turkish National ID.

On January 19, 2016, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Turkish Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust based on her marriage to her spouse.

Eventually, the Turkish Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On May 24, 2016, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. On June 2, 2016, the USCIS issued an I-612 approval notice for the waiver of our client’s two-year foreign residency requirement.

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CASE: Fiancée Visa

PETITIONER: US Citizen in Cleveland Ohio

BENEFICIARY: Russian

PETITION FILED: January 5, 2016

PETITION APPROVED: March 4, 2016

K-1 VISA APPROVED: May 10, 2016

Our client, a US Citizen Petitioner, met his Russian fiancée in Russia in 2014. They started their relationship in 2015 while he visited Russia again. His fiancée also visited the United States to see him in the summer of 2015. In October 2015, he proposed to her during his trip in Russia. After his proposal, he retained our firm to file a fiancée petition for her.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on November 25, 2015. We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on January 5, 2016.

On March 4, 2016, less than two months of the filing, the I-129F fiancée petition was approved. On May 10, 2016, our client’s fiancée appeared at the U.S. Embassy in Moscow, Russia for her K-1 visa interview. The interview went well, and on the same day, the U.S. Embassy issued her K-1 visa.

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CASE: H-1B Extension
PETITIONER:  Culture Center
BENEFICIARY: Chinese Assistant Program Development Director

Our client is a Culture Center in Ohio that offers after-school and weekend education programs for children and young students in the Greater Cleveland area. They contacted our office in April to seek legal assistance from our office for their foreign employee’s H-1B Extension.  The beneficiary is a Chinese who obtained her Bachelor’s Degree in Economics in China and also a MBA degree in the United States. The proffered position for the Beneficiary is an Assistant Program Development Director which we argued qualified as a specialty occupation.  She has been working for the Petitioner for the last three years on a valid H-1B visa.

After retention, our office filed the H-1B visa petition with various supporting documents on April 22, 2016 via premium processing. Eventually, without any RFE, our client’s H-1B application was approved on April 28, 2016. Now the Beneficiary can work for the Petitioner until 2019.

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CASE: Fiancée Visa

PETITIONER: US Citizen in Cleveland Ohio

BENEFICIARY: Filipina

PETITION FILED: August 13, 2015

PETITION APPROVED: September 8, 2015

K-1 VISA APPROVED: April 26, 2016

Our client, a US Citizen Petitioner, met his Filipina fiancée in the Philippines in 2011. They started their relationship, and he visited the Philippines. In 2014, he proposed to her during his trip in the Philippines. After his proposal, he retained our firm to file a fiancée petition for her.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. Our client retained our office on June 6, 2015. We helped him and his fiancée draft letters in support of the fiancé petition, and we filed the petition on August 13, 2015.

On September 8, 2015, less than a month after the filing, the I-129F fiancée petition was approved. On April 16, 2016, our client’s fiancée appeared at the U.S. Embassy in Manila, Philippines for her K-1 visa interview. The interview went well, and on April 26, 2016, the U.S. Embassy issued her K-1 visa.

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CASE: Adjustment of Status Based on Approved K-1 Visa

CLIENT: Ukrainian

LOCATION: Cleveland, OH

Our client came to the United States in December 2015 as a K-1 visa entrant from Ukraine.  Our client is the beneficiary of an approved I-129F petition. She came to the United States as a K-1 Fiancée of a U.S. Citizen whom she married within 90 days of her entry. By law, if you married the petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible to apply for adjustment of status (green card) in the United States.

Our client contacted our office initially in the middle of January 2016 and consulted with us for her adjustment of status application. After retention, our firm prepared and filed the I-485 Adjustment of Status Application on January 29, 2016.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  

It is not mandatory to have an adjustment of status interview for an applicant who entered on a K-1 visa.  However, the USCIS may require an interview to test the validity and bona fide nature of the marriage between the Petitioner and Beneficiary. The USCIS did not require an adjustment interview for our client.  On April 22, 2016, her green card application was approved.

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CASE: Change of Status / I-539
NATIONALITY: Filipina
LOCATION: Cleveland, OH

Our client is from the Philippines who came to the U.S. on a J-1 exchange visitor visa to work at Holiday Inn as an intern. She consulted with our firm a few weeks before the expiration of her J-1 status. She wanted to continue to stay in the United States for six more months to spend more time here and to travel.  We explained to her that CIS has been more stringent on Visitor status change. Upon retention, we prepare a statement based on her plans if her change of status request is granted. We asked her to provide as much detail as possible as we drafted the statement. We made sure all addresses, contact information, and dates on her statement were complete and accurate. We made sure all her plans were supported by corroborating evidence as exhibits to the application to avoid a possible Request for Evidence by the CIS.  Our office submitted financial documents from her parents in the Philippines as well. We filed the I-539 Change of Status Application on December 8, 2015 and her B-2 status extension was approved on April 4, 2016 with no Requests for Evidence.

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

NATIONALITY: Indian

LOCATION: Chicago, IL

Our client was a citizen of India who came to the U.S. on a J-2 Visa in December 1992.  She came with her father who came on a J-1 Visa as an alien physician 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.

After our client’s father’s J-1 program was completed, the family immigrated to Canada. Our client came to the United States on an F-1 student visa in 2010 to pursue her doctoral program. In 2014, she married her U.S. citizen husband. Her husband will file an I-130 petition for her and she will file her adjustment of status application. However, because of her two-year foreign residency requirement, our client cannot adjust her status without the fulfilling the requirement or getting a 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 December 2009.
Our firm was retained to do her J-2 waiver, and on December 21, 2015, 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 January 19, 2016 the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On April 25, 2016, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: H-1B Change of Employer

PETITIONER: E-Commerce Company

BENEFICIARY: Korean Staff Accountant

LOCATION: Los Angeles, CA

Our client is a specialized E-commerce company which oversees multiple e-commerce websites and marketplaces. They contacted our office in early March 2016 to seek legal assistance from our office for their foreign employee. The beneficiary is from South Korea and obtained her Bachelor’s degree in Business Administration. The proffered position for the Beneficiary is a Staff Accountant which qualifies as a specialty occupation. This proffered position is clearly a “specialty occupation” because the minimum requirements for this position are a Bachelor’s Degree in Accounting / Business Administration or its equivalent.  

The foreign beneficiary in this case already had her H-1B visa from her previous employer.  However, her H-1B visa was not expired yet, and she wanted to extend her H-1B status on the change of employer basis.

Once retained, our office promptly filed the H-1B visa petition with various supporting documents on March 28, 2016 via premium processing service.  Since this petition was based on a change of employer, this petition was exempted from the annual cap of the H-1B.  Thus, we could file prior to April 1.  There were no Requests for Evidence during the processing of the H-1B.  Eventually, our client’s H-1B Petition was approved on April 6, 2016.  Now the Beneficiary can work for her Petitioner-Employer as an H-1B visa holder and she can work there for next three years.

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