CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Palo Alto, CA

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. He is a researcher from South Korea and he is an scientist in the field of Neurology and Neuroscience research.

Our client’s significant contributions have placed him at the pinnacle of his field. Throughout his research career, our client has pioneered the development of cutting-edge neuroscience methods to both enable and accelerate the investigation of the functional brain circuits. Specifically, his research studies provide critical insights into how we can restore dysfunctional motor circuits in patients suffering from devastating motor diseases. Because of his innovative 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 23-page brief for our client’s NIW filing. Our client also obtained 5 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.

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on August 27, 2018. Eventually, on April 19, 2019, 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. His adjustment of status application will be approved soon as well.

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CASE: I-130 (Petition for Mother) and Adjustment of Status

CLIENT: Indian

LOCATION: Cleveland, OH

Our client retained us to petition for her mother for her green card. Our client was born and raised in India, but was naturalized in the United States in 2014. She contacted our office in November of 2018 and discussed with us the green card process. After consultation, she retained our office on November 20, 2018.

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Applications on November 28, 2018 for her mother.  Everything went smoothly and the receipt notices, fingerprint appointment, and a work permit all came on time. On April 12, 2019, our client appeared at her I-485 adjustment of status interview at Cleveland, Ohio USCIS Field Office. Attorney JP Sarmiento accompanied our clients as well. Eventually, on the same day of her interview, our client’s mother’s adjustment of status application was approved. Now, she is a green card holder.

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

NATIONALITY: Korean

LOCATION: California

Our client is a citizen of South Korea who came to the U.S. on a J-2 Visa in February 2004.  She came with her father who came on a J-1 Visa for his 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.

She turned 21 in January 2006.  This year, she became an Assistant Professor with a tenured track; thus, her employer is willing to file the H-1B petition for her.  However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without the fulfillment of requirement or the 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 January 2006.

Our firm was retained to do her J-2 waiver, and on February 27, 2019, 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 March 22, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On April 5, 2019, the USCIS issued an I-612 approval notice for our client’s waiver request.

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

NATIONALITY: Chinese

LOCATION: California

Our client was a citizen of China who came to the U.S. on a J-2 Visa in January 2012.  She came with her 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.

She turned 21 in March 2013. She would like to get a waiver because she has a U.S. citizen spouse who can file I-130 petition for her. She can file adjustment of status application along with her husband’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot adjust her status in the United States without the fulfillment of requirement or the 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 March 2013.

Our firm was retained to do her J-2 waiver, and on February 20, 2019, 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 March 18, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On April 2, 2019, the USCIS issued an I-612 approval notice for our client’s waiver request.

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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-485 Adjustment of Status after Termination of Removal Proceedings with an Approved I-130 Petition

CLIENT: Ukrainian
LOCATION: Los Angeles, CA

Our Ukrainian client came to the United States in March 2010 on a J-1 visa. Her program was not subject to the 2 year foreign residency requirement. She remained in the United States since then. Later, she filed an asylum application to the USCIS and her asylum case was referred to the Los Angeles Immigration Court.

In May 2016, she married her U.S. citizen husband and an I-130 petition was filed for her. While her I-130 petition was pending, the Immigration Judge administrative closed her removal proceedings. Eventually, the I-130 petition was approved in February 2017.

Once the I-130 petition was approved, our client contacted our office to seek a legal representation at the Immigration Court and adjustment of status hearing. She also wanted us to file Request to Join in a Motion to Terminate to USDHS office in Los Angeles, CA.   

Our client retained us on February 20, 2017. Once retained, our office filed Motion to re-calendar to the LA immigration court. Her case was re-calendared on the IJ’s docket and her individual hearing date was scheduled. Later, our office filed Request to Join in a Motion to Terminate to USDHS office in Los Angeles on November 10, 2017. However, the DHS office refused to join in a Motion to Terminate. Thereafter, our office prepared and filed the I-485 Adjustment of Status Application and other supporting documents to the Los Angeles Immigration Court.   

On May 24, 2018, Attorney Sung Hee (Glen) Yu represented our client’s at her Individual Hearing for adjustment of status at the Los Angeles Immigration Court.  Prior to the hearing, Immigration Judge held a pre-trial conference with Attorney Yu and the DHS counsel. During the pre-trial conference, and all of the possible issues were examined. At the conclusion of the conference, DHS agreed not to oppose our Motion to Terminate without prejudice.

Our office filed Unopposed Motion to Terminate without prejudice to USDHS office in Los Angeles, CA on June 21, 2018. On June 29, 2018, the Immigration Judge granted our motion and terminated our client’s case without prejudice.

Our office informed the USCIS that our client’s removal proceeding was terminated. The USCIS scheduled the adjustment of status interview for our client. Prior to the interview, we thoroughly prepared our clients via conference call. On November 19, 2018, our client was interviewed at the Los Angeles, CA USCIS. After the interview, her I-485 application was approved.  Now, our client became a green card holder.

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CASE: I-485 (EB-3)

APPLICANT: Korean Fashion / Technical Designer

LOCATION: Los Angeles, CA

Our client has a prospective employer that was willing to petition her for a third-preference petition (I-140).  Our client has a bachelor’s degree in a fashion design and has relevant work experience. Based on our client’s education and work background, our office determined that she is clearly 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 tax records, 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).

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her. On June 21, 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 calls as well. On November 13, 2018, our client was interviewed at Los Angeles California USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. Eventually, her I-485 application was approved by the USCIS on November 14, 2018.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: California

Our client came from the Philippines on a J-1 in September 2013 to work as a teacher. She was subject to the two-year foreign residency requirement. Later, she got married to her U.S. citizen husband and consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Upon retention, our office promptly prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On June 8, 2018, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also sent a request to the California State Government to get authentication for the necessary documents.  Later, these authenticated documents and No Objection Application (for the Philippines Government) were sent to the Philippines Consulate General in Los Angeles for further authentication.  On July 27, 2018, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines. Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On September 13, 2018, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on October 11, 2018, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment status application along with her U.S. Citizen husband’s I-130 petition for her.

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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 / National Interest Waiver

CLIENT: Filipino

LOCATION: Irvine, CA

Our client contacted us in January 2018 about the possibility of doing a National Interest Waiver self-petition. He is a researcher from the Philippines and he is an exceptional researcher and scientist in the field of Hydrology, Geomorphology, Ecology, and Physics.

Our client’s significant contributions have placed him at the pinnacle of his field. He has developed a rigorous quantitative framework based on spectral graph theory to study delta channel network connectivity and demonstrated its value in computing delta’s steady state fluxes and identifying upstream (contributing) and downstream (nourishment) areas and fluxes from any point in the network.  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 27-page brief for our client’s NIW filing. Our client also obtained 6 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.

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on February 15, 2018. Eventually, on July 13, 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. His adjustment of status application will be approved soon as well.

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