CASE: I-140 (EB-1C Category: Executives and Managers of Multinational Organizations)

EMPLOYER: Child Care Center in Cleveland, OH

BENEFICIARY: Chinese

LOCATION: Cleveland, OH

Our client is a Chinese company which has its US subsidiary in the greater Cleveland area.  In 2016, our client acquired a child development center which offered child care services to children from the age of 6 weeks to 12 years old. They contacted our office in the middle of August 2017 to seek legal assistance for a possible L-1A extension for their employee. He came from China in 2016 with his L-1A visa to work as a General Manager. In September 2017, he successfully extended his L-1A status through our legal assistance.

He contacted our firm again in October 2017 and retained us to respond to a Request for Evidence for his I-140 EB1C petition, which was originally filed by a different attorney. In 2016, his current employer filed this I-140 petition under the EB1C category, but the USCIS issued a Request for Evidence. He wanted us to handle his case and retained our office on October 5, 2017.

An employer can petition for its foreign employee under INA § 203(b)(1)(C) if it demonstrates the following: (C) Certain multinational executives and managers – An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien’s application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.

According to the INA §101(a)(44), 8 U.S.C. §1101(a)(44) and 8 C.F.R §204.5(j)(2), “executive capacity” means an assignment in an organization in which the employee primarily: (1) Directs the management of the organization or a component or function; (2) Establishes goals and policies; (3) Exercise wide latitude in discretionary decision making; and (4) Receives only general supervision or direction from higher level executives, board of directors or stockholders.

Also, above the mentioned statutes define “managerial capacity” as an assignment with the organization in which the employee personally: (1) Manages the organization, department, subdivision, function or component; (2) Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization or department or subdivision of the organization; (3) Has authority to hire and fire or recommend personnel actions (if another directly supervises employees), or if no direct supervision, functions at a senior level; and (4) Exercises discretion over day-to-day operations of the activity or function.

After our office was retained, we prepared a thorough cover letter and obtained all necessary supporting documents from our client and the petitioning company. In our brief, we clearly demonstrated that our client met the requirements set forth in the INA §203(b)(1)(C).  First, the prospective U.S. employer (Petitioner-Company) has been doing business for at least 1 year.  Second, the prospective employer (Petitioner) in the United States is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien was employed abroad.  Third, if the worker is already employed in the United States, he or she was employed outside the United States for at least 1 year in the 3 years preceding admission as a non-immigrant in an executive or managerial capacity by the petitioner or by its parent branch, subsidiary, or affiliate. Last, the alien is to be employed in the United States in a managerial or executive capacity.

The RFE letter thoroughly requested our client to demonstrate the qualifying relationship between the parent company in China and his current employer. Moreover, the USCIS requested our client to show whether he met the requirement of “one year managerial or executive position abroad.”

On the application package, we included a detailed job offer letter, employment verification letter from our client’s previous employer (parent company), and an organization chart.  Also, we included evidence regarding the relationship between the Petitioner-Company and its Parent company in China.  The evidence included a copy of the certificate of ownership, a copy of the articles of incorporation, a copy the business registration certificate, a copy of the tax records, etc.  Our office filed the Response to RFE on November 3, 2017 with 39 exhibits (A to MM). Eventually, on November 15, 2017, the I-140 petition was approved.  Now, our client can file the I-485 adjustment of status application based on the approved I-140 petition.

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CASE: PERM Labor Certification    
EMPLOYER: Chinese Restaurant
BENEFICIARY: Chinese
LOCATION: Ohio

Our client is a Chinese restaurant in Ohio. They do have 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. Now our client can file the I-140 petition.

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CASE: Consular Processing (Immigrant Visa)

CLIENT: US Citizen Petitioner Daughter; Chinese Beneficiary Mother in China

LOCATION: Petitioner: Cleveland, OH; Beneficiary: China

IV APPROVED: October 30, 2017

Our client retained us to bring her mother over from China. She was born and raised in China, but was naturalized in the United States. She retained our office in December 2014, and our office prepared and filed the I-130 petition for her mother on December 5, 2014. This I-130 Petition was approved by the USCIS on April 7, 2015. Once the I-130 petition was approved, we then started the immigrant visa processing phase of trying to get her mother over to the United States.

On May 11, 2016, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate General in Guangzhou, China. An interview notice was set for our client’s mother at the U.S. Consulate General in Guangzhou, China, and we prepared her for her interview.  She did her interview in July 2016, but her case was remained pending until October 2017. On October 30, 2017, she did appear at her second immigrant visa interview.  Eventually, on October 30, 2017, the U.S. Consulate General in Guangzhou, China approved and issued her immigrant visa.

With the approved immigrant visa, our client’s mother can come to the United States immediately, and she will get her green card within two months of entry.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Chinese

LOCATION: Cleveland, OH

Our client contacted us in August 2017 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from China and obtained his green card in July 2005.

After retention, his N-400 application was filed on August 15, 2017 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On October 12, 2017, 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 October 13, 2017. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: L-1A petition extension / I-129

PETITIONER: Child Care Center in Cleveland, OH

BENEFICIARY: Chinese General Manager

Our client is a Chinese company which has its US subsidiary in the greater Cleveland area.  In 2016, our client acquired a child development center and has offered child care services to children from the age of 6 weeks to 12 years old. They contacted our office in the middle of August 2017 to seek legal assistance for a possible L-1A extension for their employee. He came from China in 2016 with his L-1A visa to work as a General Manager.

The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.

Upon retention, our office prepared and eventually filed the L-1A extension petition with various supporting documents. The application included a detailed employer support letter, documentation to demonstrate the qualifying corporate relationship between the parent company in China and the U.S., financial documents, past experience documents, organization chart, and physical premises evidence among others. We filed the L-1A extension petition on August 30, 2017 via premium processing.

However, on September 8, 2017, the USCIS issued Request for Evidence (RFE) for our client’s extension petition. USCIS requested more evidence to demonstrate sufficient physical premises of petitioner’s business and evidence that our client met the requirement of “one year managerial or executive position abroad.” Our office prepared and filed the Response to RFE on September 20, 2017 with 37 exhibits (A to KK).

Eventually, our client’s L-1A application was approved on September 26, 2017. His L-1A status has been extended to October 2019.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese                                                                                                        

LOCATION: Ohio

Our client is from China who came to the U.S. on a F-1 student visa. Later, she changed her status from F-1 to H-1B and has worked for her employer for the last two years. In May 2017, our client married her current U.S. citizen husband.  She retained our office on May 9, 2017 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 19, 2017.  Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients at our office. On August 29, 2017, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on the same day of the interview, her green card application was approved.

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CASE:   Immigrant Visa / I-601A Hardship Waiver of Inadmissibility

APPLICANT / BENEFICIARY: Chinese

LOCATION: Cleveland, OH / Guangzhou, China (Visa Interview)

Our client came to the United States from China in March 2001 without inspection and admission. She made an illegal entry and was inadmissible. She applied for Asylum and Withholding of Removal, and she was granted Withholding of Removal. She married her U.S. citizen husband in 2006 and has U.S. citizen children together.

Through our office, she applied for a Motion to Reopen and the Cleveland Immigration Court granted our Motion and reopened our client’s case in 2015. Once reopened, with our office’s assistance, her removal proceedings were administratively closed in November 2015 to file a provisional waiver application. Her U.S. Citizen husband filed an I-130 petition for our client, and this I-130 petition was approved in 2009.

However, our client cannot file her adjustment of status application due to her ground of inadmissibility. She needed a waiver of inadmissibility to become a green card holder. Under current law, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return to the United States

The USCIS announced of new policy called provisional unlawful presence waiver. Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States and before they depart for their immigrant visa interviews at a U.S. embassy or consulate abroad.

The new process is expected to shorten the time U.S. citizens are separated from their immediate relatives while those family members are obtaining immigrant visas to become lawful permanent residents of the United States. Thus, our client would like to apply so called I-601A provisional waiver.

INA § 212(i) provides for a discretionary waiver of the entry without inspection inadmissibility ground. To qualify for the waiver, the alien must establish that his or her US Citizen spouse would suffer extreme hardship if the alien were denied admission. INA § 212(i)(1). In addition to the equities presented, the USCIS may consider the nature of the inadmissibility ground.

There is a seminal BIA case that deals with this waiver.  In Matter of Cervantes, 22 I & N Dec. 560 (BIA 1999), the BIA identified the factors to be considered in determining whether a qualifying relative would suffer extreme hardship if the alien were denied admission.  Those factors include: the presence of LPR or USC family ties both within and outside the United States; the conditions in the country to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to that country; the financial impact of departure from the United States; and significant conditions of health, particularly when tied to the unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Our client’s I-601A application had a good chance since our client’s U.S. Citizen husband suffers from great degree of psychological hardship. In the I-601A brief and supporting documents, our office included extensive medical reports of her husband.  We argued that if she was removed from the United States, extreme hardship to her husband is clearly foreseeable and evident.  Her husband has ongoing psychological hardship and he would not be able to take care of his own needs and the bulk of their family chores, most importantly taking care of their infant children. Also, it would be extremely difficult for him to get the same level of therapy and satisfactory access to medical services in China in case he joins our client there. 

In our brief, we also argued that our client and her husband have maintained strong family ties in the United States, that her husband will have difficulty in finding the same level of employment in China, that our client has a good employment in the United States, and that her U.S. citizen children and her husband will face extreme financial and emotional difficulties if she is removed.

On May 20, 2016, our client submitted our I-601A waiver application which included the brief in support, her husband’s extensive psychological examination records, and other documents that demonstrated hardship to her husband if she is removed from the United States. Eventually, her I-601A waiver was approved on November 16, 2016.

Once her I-601A waiver was approved, she retained our office again for her immigrant visa processing. Our office prepared and filed her immigrant visa application on May 17, 2017. Thereafter, the U.S. Consulate General in Guangzhou, China informed our office that they scheduled an immigrant visa interview for our client. Our client went back to China to appear at her interview on July 10, 2017. On July 10, 2017, our client appeared at her immigrant visa interview at the Consulate, and the Consulate officer approved her immigrant visa on the same day.

Now, our client can come back to the United States with an approved immigrant visa and she will get her green card in a mail within two months of her entry to the United States.  

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Chinese                                                                                                        

LOCATION: Cleveland, Ohio

Our client is from China who came to the U.S. on F-1 student’s visa in 2011 to pursue her studies in music. In April 2017, our client married her current U.S. citizen husband.  She retained our office in May 2017 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 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 as well. On August 1, 2017, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on August 2, 2017, her green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Chinese

LOCATION: Cleveland, OH

Our client contacted us in April 2017 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from China and obtained his green card in July 2012.

After retention, we prepared the application and filed the N-400 on April 21, 2017 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On July 20, 2017, 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 July 27, 2017. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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

CLIENT: Chinese

LOCATION: Cleveland, OH

Our client retained us to petition his father for his green card. Our client was born and raised in China, but was naturalized in the United States in 2009. He contacted our office in March of 2017 and discussed with us the green card process. His father came to the United States from China on a B-2 visitor’s visa in December 2016. After consultation, he retained our office again on March 16, 2017.

Once retained, our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on March 29, 2017 for his father.  Everything went smoothly and the receipt notices, fingerprint appointment, and a work permit all came on time. On July 11, 2017, our client appeared at his I-485 adjustment of status interview at Cleveland, Ohio USCIS Field Office. Prior to the interview, our office prepared him at our office and also accompanied him at his interview. Eventually, on July 11, 2017, our client’s father’s adjustment of status application was approved. Now, he is a green card holder.

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