CASE: I-140 (EB-3 Category) / Schedule A
EMPLOYER: Nursing / Rehabilitation Center
BENEFICIARY: Filipina
LOCATION: Des Plaines

Our client is a registered nurse, who is currently working at a large nursing and rehabilitation facility in Des Plaines, Illinois. Her employer was willing to petition her for a third-preference employment immigrant visa petition (I-140). Since she was a registered nurse, 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 Professional Nurses is included in Schedule A.

Our client has a nursing degree and has more than 4 years related experience. Our office was retained on January 31, 2012 and we started on the Prevailing Wage Determination filing and other related matters.

We filed the I-140 application on March 29, 2012 via regular processing. We included the job offer letter, employment verification letters from our client’s previous employers, the notice of filing, her H-1B status approval notices, and other necessary supporting documents.  On May 5, 2012, upon our client’s request, we upgraded her processing to premium processing by filing an I-907 application with the required fees. However, the Nebraska Service Center issued Notice of Intent to Deny on May 17, 2012. The USCIS NSC argued about Petitioner’s normal recruiting procedures.  On May 23, 2012, our office filed a Response to Notice of Intent to Deny and argued that Petitioner has no in-house media and their normal procedures do not include the use of in-house media for the recruitment of similar positions. Also, Petitioner did place the notice of filing in accordance with the regulations and that was submitted at the I-140 filing.  On May 30, 2012, the I-140 was approved. Now, our client can file I-485 adjustment
of status application based on the approved I-140 petition when her priority date becomes current. She also will be eligible for a 3-year extension of her H-1B even if she is on her 6th year on H-1B.

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CASE: Employment-Based Adjustment of Status / Derivative Beneficiary
CLIENT: Filipino
LOCATION: Des Plaines, IL

Our client came to the United States in 2007 with an H-4 visa as a dependent of his H-1B visa holding wife from the Philippines.  His wife was working as a registered nurse in the United States. His wife’s previous employer filed an I-140 petition under the EB-3 classification on her behalf.  The petition was later approved, and our client’s priority date was sometime in August, 2001.  Through our legal assistance, our client’s wife obtained her green card in March 2012.

In February 2012, our client sought legal assistance from our office regarding his adjustment of status application.  Based on our client’s wife’s approved I-140, our client was eligible to file for adjustment of status.  Our firm prepared and filed the I-485 Adjustment of Status Application and I-765 Employment Authorization Documentation on February 20, 2012.  Everything went smoothly and the receipt notices and fingerprint appointment all came on time.  On May 16, 2012, the USCIS Nebraska Service Center approved our client’s adjustment of status application.  After a long wait, our client finally became a green card holder.

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CASE: N-400 (Citizenship / Naturalization)
APPLICANT: Filipina
LOCATION: Chicago, Illinois

Our client contacted us in October 2011 to seek legal assistance for her naturalization application.  She came to the United States from the Philippines and obtained her green card in 2006.  She retained our office on October 17, 2011 to assist in her citizenship application.

The application was filed on October 26, 2011 with all required supporting documents.   Our office prepared her before the interview, and our client was scheduled to appear before the Chicago USCIS office on March 5, 2012.  On the same day, her naturalization application (N-400) was approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Des Plaines, IL

Our client came to the United States in 2001 with an H-1B visa to work as a registered nurse. Her previous employer filed an I-140 petition under the EB-3 classification on her behalf.  The petition was later approved, and our client’s priority date was August 2001.  Thereafter, she maintained her status as an H-1B visa holder and has extended her H-1B status.

In November 2011, our client sought legal assistance from our office regarding her adjustment of status application.  After reviewing her documents and the Department of State’s visa bulletin, we determined that her priority date was current and that we could apply for her adjustment of status application.  She retained our office on November 14, 2011 and our firm prepared and filed the I-485 Adjustment of Status Application and I-765 Employment Authorization Documentation on November 27, 2011.  Everything went smoothly and the receipt notices and fingerprint appointment came on time.  On February 27, 2012, the USCIS Nebraska Service Center approved our client’s adjustment of status application.  After a long wait, our client finally became a green card holder.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Chicago, IL

Our client came to the United States in March 1994 with an H-4 visa (dependent of an H-1B visa holder) as a minor child from the Philippines. Her mother, who was on H-1B, fell out of status so she also fell out of status. Years later, she married his U.S. Citizen spouse in August 2011 and retained our office on October 20, 2011 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on October 27, 2011.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients. On February 15, 2012, our client was interviewed at the Chicago, Illinois USCIS.  We accompanied them at the interview as well. The interview went well, and our client’s green card application was approved on the same day.

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