CASE: I-140 (EB-2 Category)

EMPLOYER: Taekwondo (Martial Arts) School

BENEFICIARY: Korean

LOCATION: Erie, PA

Our client is a prominent Taekwondo master who is working as a Taekwondo coach. He had a Taekwondo school willing to do a second-preference petition (I-140) for him.  Our client has a Bachelors and Masters degree in a related field and has coaching experience. Although he had maintained his status as an O-1 visa holder in the United States, his previous green card application (Based on the EB-11 category) was denied.

After talking to our client, our firm decided that his potential employer can petition him as a Taekwondo Head Coach.  Second preference petitions for Koreans are current, which means that if a PERM Labor Certification for a second preference position gets approved, the I-140 and I-485 could be filed simultaneously. Based on our client’s educational, professional and working background, our office determined that he is clearly eligible for EB-2 classification. Our client eventually retained us for his PERM labor certification in January 2013.

As we stated in a previous success story, his PERM Labor Certification was approved on May 13, 2014 despite the issuance of Audit request.  After the PERM approval, our client retained us again for the I-140 petition.

We then proceeded with the I-140 Petition filing. One of the main requirements for the I-140 is that the petitioning company must show that it has the ability to pay the proffered wage for the beneficiary’s position.

The adjusted gross income was not enough. The current wage of the beneficiary was not enough. The net current assets were also not enough.

Thus, we attached the tax return schedule that showed the net current assets of the Petitioner and combined it with his wage to argue that this combination establishes Petitioner’s ability to pay the prevailing wage. A combination of the net current assets and our client’s current salary was over and above the prevailing wage and the proffered wage.

We included the job offer letter, employment verification letters from our client’s previous employers, and other necessary supporting documents.  The I-140 Petition was filed on June 2, 2014 via premium processing.  Eventually, on June 17, 2014, the I-140 EB2 Petition for our Korean client was approved.

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CASE: I-751

APPLICANT: Korean

LOCATION: Columbus, OH

Our client contacted our office in January of 2014 regarding her I-751 application.

She is from South Korea and she married a U.S. citizen in 2011. Through her marriage, she obtained a 2-year conditional green card in April of 2012.  Her conditional residency terminated in April 2014.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions on her permanent residency. She retained our office on January 30, 2014 and our office prepared an I-751 application with bona fide marriage evidence.

On March 7, 2014, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, joint tax records, utility bills, joint lease, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

There was no RFE or interview request for our client’s I-751 application. As a result, on June 10, 2014, the USCIS approved our client’s I-751 application and our client received her 10-year green card.

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CASE: I-485 based on Approved I-140 (EB-3)

 APPLICANT: Korean

 LOCATION: Cleveland, OH

Our client is a chemist from South Korea, who is currently working at a large chemical company which was willing to petition her for a third-preference petition (I-140).  Our client has a Bachelor of Science degree and has worked for this company since she completed her undergraduate program. She has maintained her status as an H-1B visa holder in the United States.  She had an approved I-140 petition which was filed by her current employer and this I-140 petition’s priority date was August 9, 2012.

In March of this year, her priority date became current. She contacted our office and retained us for her I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on March 17, 2014. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on May 27, 2014, the USCIS Nebraska Service Center approved our client’s adjustment of status application. She is now a green card holder.

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CASE: H-1B Visa Petition

PETITIONER:  E-Commerce Merchandiser

BENEFICIARY: Korean Staff Accountant in Dallas, TX

Our client is an E-Commerce Merchandising company located in Dallas, Texas.  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 her Bachelor’s degree in Business Administration / Accounting in South Korea and her Associate’s degree in the United States. The proffered position for the Beneficiary is a Staff Accountant which we argued 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, 2014 via regular processing service. This H-1B petition was selected after the lottery. Our client’s H-1B application was approved on May 27, 2014.

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CASE: H-1B Visa Petition

PETITIONER:  Beauty Supply Distributing / Retail Company

BENEFICIARY: Korean Product Safety / Quality Assurance Director

Our client is a large beauty supply material distributer / retailer in Cleveland, Ohio. They contacted our office in February of this year to seek legal assistance from our office for their foreign employee.

The beneficiary obtained his Bachelor’s degree in Chemical Engineering in South Korea and is pursuing his Associate’s degree in Accounting in the United States.  The proffered position for the Beneficiary is a Product Safety / Quality Assurance Director. We had to argue that this qualifies as a specialty occupation. We had to show that this position is a “specialty occupation” because the minimum requirements for this position are a Bachelor’s Degree in Chemical or Industrial Engineering or its equivalent.

Once retained, our office filed the H-1B visa petition with various supporting documents on March 31, 2014 via regular processing service. This H-1B petition was selected after the lottery and was thus processed.

Eventually, our client’s H-1B application was approved on May 16, 2014 without any Request for Evidence.  Starting October 1, 2014, he can work for his employer on an H-1B status for the next three years.

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CASE: PERM Labor Certification

EMPLOYER: Taekwondo (Martial Arts) School

BENEFICIARY: Korean

LOCATION: Erie, PA

Our client is a former Taekwondo athlete, who is working as a Taekwondo coach who had a Taekwondo school willing to petition him for a second-preference petition (I-140).  Our client has a bachelor’s and a master’s degree in a related field and has coaching experience.

Ever since he came to the United States, he has maintained his status as an O-1 visa holder. However, he had previously applied for a green card application (Based on the EB-11 category) which was denied by the USCIS.

After talking to our client, our firm concluded that his potential employer can petition him as a Taekwondo Head Coach.  Second preference petitions for Koreans are current, which means that if a PERM Labor Certification for a second preference position gets approved, the I-140 and I-485 could be filed simultaneously. Based on our client’s educational, professional and working background, our office determined that he is eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us in June 2012.

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 foreign degree evaluation report, our office filed the job order on October 5, 2012.  On January 14, 2013, we filed PERM.

However, on June 10, 2013, 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 June 26, 2013.

Eventually, on May 13, 2014, the PERM Labor Certification was approved – an EB2 position for the Korean beneficiary. Now our client can file the I-140, I-485 green card application, and I-765 simultaneously.

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CASE: I-485 Based on Approved I-140 / National Interest Waiver

CLIENT: Korean

 LOCATION: Stanford, California

Our client contacted us in December 2012 about the possibility of doing a National Interest Waiver self-petition. He is a post-doctorate researcher and scientist in the field of Aerospace Engineering and Science, and is currently working as a post-doctorate researcher in an academic institution in Stanford, California.

Our client is an extraordinary researcher and engineer in the field of Aerospace Engineering Research; specifically, new aerospace propulsion technology such as SCRAM-JET, supersonic flow control, and plasma physics. His significant contributions have placed him at the pinnacle of the field of Aerospace engineering. Our client’s expertise is in the fields of plasma aided flow control, supersonic/hypersonic compressible flow and plasma assisted combustion. Throughout his research career, our client has provided innovative solutions for practical plasma flow control applications in supersonic and subsonic flows which 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 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. The landmark immigration case that discusses the standards for NIWs is Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm.1998). This case held that the qualifying applicant must show the following elements in his or her I-140 NIW petition: First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Next, it must be shown that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U. S. worker having the same minimum qualifications.

Our office prepared a 19-page brief for our client’s NIW filing. Our client also obtained 7 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication records, presentation records, and conference materials in the NIW application. We demonstrated the intrinsic merit of our client’s research in the United States, the national scope of his research, and asserted that our client would serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. His NIW application contained 41 exhibits.

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on July 18, 2013.  Eventually, on October 24, 2013, the USCIS Nebraska Service Center approved our client’s I-140 petition.

Once the I-140 petition was approved, our client retained our office again for his I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on February 10, 2014. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on April 28, 2014, the USCIS Nebraska Service Center approved our client’s adjustment of status application. Now, he finally is a green card holder.

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CASE: I-485 (National Interest Waiver)

CLIENT: Korean

LOCATION: Santa Clara, California

Our client contacted us in June 2013 about the possibility of doing a National Interest Waiver application for him. He is a post-doctorate researcher and scientist in the field of Aerospace Engineering and Science, and was working as a research fellow for NASA at the time of his filing.

Our client is an extraordinary researcher and engineer in the field of Aerospace Engineering Research; specifically, computational fluid dynamics (CFD) and flow control.

His significant contributions have placed him at the pinnacle of the field of Aerospace engineering. Our client’s expertise is in the development of computational fluid dynamics (CFD) which meets the contemporary requirements for not only conventional development but also revolutionary aircraft design. He has been helping a U.S. aircraft company investigate the feasibility of their designs under consideration by performing very complex CFD analysis and suggesting alternative optimal new configurations.

Upon review of his credentials and qualifications, our office determined that he was qualified for the National Interest Waiver (NIW) category. Being qualified for the NIW is beneficial since you would not need an employer nor family member to petition 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. The landmark immigration case that discusses the standards for NIWs is Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm.1998). This case held that the qualifying applicant must show the following elements in his or her I-140 NIW petition: First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Next, it must be shown that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U. S. worker having the same minimum qualifications.

Our office prepared a 19-page brief for our client’s NIW filing. Our client also obtained 9 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication records, presentation records, and conference materials in the NIW application. We demonstrated the intrinsic merit of our client’s research in the United States, the national scope of his research, and asserted that our client would serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. His NIW application contained 45 exhibits. Our office filed his I-140(NIW) petition at the USCIS Nebraska Service Center on July 29, 2013 along with his I-485 adjustment of status application.

However, on September 16, 2013, the USCIS issued a Request for Evidence for his I-140 petition. In response to the RFE request, our office prepared a brief which included notes from scientists in the field regarding updates of his work and the importance of his past work in physics-based turbulence model and computational fluid dynamics research.  We also emphasized our client’s past accomplishments and the benefits of his work. Our Response to RFE was filed on November 13, 2013. Eventually, on December 6, 2013, the USCIS Nebraska Service Center approved our client’s I-140 petition.

When we filed our client’s I-140 (NIW) application, we concurrently filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time. While our client was waiting for the adjudication of his I-140, our client received his work permit and travel permit from the USCIS.

Eventually, on March 13, 2014, the USCIS Nebraska Service Center approved our client’s adjustment of status application. He is now a green card holder.

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CASE: I-485 (National Interest Waiver)

CLIENT: Korean

LOCATION: Cleveland, Ohio

Our client contacted us in April 2012 regarding the possibility of doing a National Interest Waiver self-petition for him. He is a post-doctorate researcher and scientist in the field of Material Science / Engineering, and is currently working as a post-doctorate researcher in an academic institution in Cleveland, Ohio.

His significant contributions have placed him at the pinnacle of the field of material science and engineering. He is a leading scientist with an excellent reputation in alloy design, especially in titanium alloys which are promising structural and functional materials for the next generation. Our client successfully brazed Ti alloys which are mostly used in aerospace and chemical applications. Successfully joining of titanium alloys is of great importance to national defense. He also developed very low-melting Ti-based filler alloys for Ti alloys. Lower brazing temperature would ensure lower risk of damaging aerospace components during processing.

Upon review of his credentials and qualifications, our office determined that he was 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. The landmark immigration case that discusses the standards for NIWs is Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm.1998). This case held that the qualifying applicant must show the following elements in his or her I-140 NIW petition: First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Next, it must be shown that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U. S. worker having the same minimum qualifications.

Our office prepared a 23-page brief for our client’s NIW filing. Our client also obtained 9 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication records, patents, presentation records, and conference materials in the NIW application. We demonstrated the intrinsic merit of our client’s research in the United States, the national scope of his research, and asserted that our client would serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. His NIW application contained 58 exhibits.

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on November 8, 2012. Eventually, on November 14, 2013, the USCIS Nebraska Service Center approved our client’s I-140 petition.

While his I-140 was pending, we filed an I-485 adjustment of status application for our client on November 6, 2013. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on February 21, 2014, the USCIS Nebraska Service Center approved our client’s adjustment of status application. Now, our client is a green card holder.

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CASE: Marriage-Based Green Card

CLIENT: Korean

LOCATION: Indianapolis, Indiana

Our client came to the United States in April 2010 with an F-1 Student Visa from South Korea to do her Bachelor’s program in the United States. She finished her Bachelor’s program in August 2013 and applied for OPT.

She married a U.S. Citizen in September 2013.  Our client retained our office on October 16, 2013 for her I-130 petition and I-485 adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on November 1, 2013. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence.

Prior to the interview, we thoroughly prepared our clients through conference calls. On January 21, 2014, our client was interviewed at the Indianapolis, Indiana USCIS office. Attorney Sung Hee (Glen) Yu accompanied them as well.  On the same day, her green card application was approved.

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