CASE: I-140 (EB-1C Category: Executives and Managers of Multinational Organizations)
EMPLOYER: Multinational Tire Corporation
BENEFICIARY: Korean
LOCATION: Akron, Ohio

Our client is a vice president of a multinational tire corporation in Ohio.  He is from Korea, and has worked for its parent company for 24 years in positions of increasing responsibility including that of team manager. He came to the United States in July 2011 with an E-2 visa to work for current petitioner company (wholly-owned subsidiary of his previous employer).  He contacted our firm in December 2011, and discussed us his chances of getting a green card.  Based on our client’s educational and professional background and his current position at the worksite, our office determined that he was clearly eligible for the EB-1C classification for his I-140 petition. Our client eventually retained us for his I-140 and subsequent I-485 adjustment of status application on December 15, 2011.

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.

In this case, the Petitioner-company has been doing business for 21 years in the United States. In addition, Petitioner-Company is the wholly-owned subsidiary of its Korean parent company where our client was employed for 24 years. Moreover, our client was employed outside the U.S. for at least 1 year in the 3 years preceding admission as a non-immigrant in an Executive or Managerial Capacity by the Petitioner’s parent company in South Korea.  Our client served as a team manager and later became general manager for the parent company.  He personally supervised and controlled the work of other researchers and engineers for new types and models of tire developments, and was primarily responsible for the company’s various new tires.  Lastly, our client is to be employed in the United States as a vice president / technical manager for the petitioner.

On the application package, we included a detailed job offer letter, employment verification letter from our client’s previous employer (parent company), an organization chart, and a dispatch order.  Also, we included evidence regarding the relationship between the Petitioner-Company and its Parent company in South Korea.  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 approval for overseas investment, a copy of the annual report and consolidated financial statements.  The I-140 Petition was filed on March 15, 2012.  On June 1, 2012, the I-140 was approved with no Requests for Evidence.  Now, our client can file the I-485 adjustment of status application based on the approved I-140 petition.

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CASE: I-140 / National Interest Waiver
CLIENT: Korean
LOCATION: Cleveland, OH

Our client contacted us in March 2011 and inquired about his chances of winning a National Interest Waiver self-petition. He is an extraordinary researcher and scientist in the field of Macromolecular Science and Engineering, a professor in Korea, who currently works as a visiting professor in an academic institution in Cleveland, Ohio.  Upon review of his credentials and qualifications, our office determined that he is a good candidate for the National Interest Waiver (NIW) category.

After our firm was retained, we prepared the application and coordinated with our client with his recommendation letters and supporting documents. We eventually prepared a 15-page cover letter for our client’s NIW filing, which included at least 10 letters of recommendation, his publication record, patents, and conference materials. In our brief, our office 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 67 exhibits (Exhibit A to OOO).

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on May 2, 2011.  On August 19, 2011, the USCIS approved his I-140 petition without any Request for Evidence.  Once his I-140 was approved, our office worked on his J-1 waiver of the 2-year foreign residency requirement.

Attorney Yu contacted the Korean Consulate General Office in Chicago to pursue our client’s waiver. The Consulate requested six different documents including a statement of reason for the waiver, the applicant’s resume, a J-1 visa waiver confirmation application, and a letter of reason for obtaining the J-1 waiver. Most of those documents needed to be written in Korean, so Attorney Yu, a Korean himself, assisted our client in completing those documents.

On October 11, 2011 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State. We also sent a request to the Korean Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust with an approved I-140 if he obtains the waiver.

The Korean Consulate General in Chicago forwarded our client’s documents to the Korean Embassy in DC. After that, the Korean Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division. On December 2, 2011, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued an I-612 approval notice on January 12, 2012.

On January 24, 2012, our office filed an I-485 adjustment of status application for our client and his derivative family members. Everything went smoothly and the receipt notices and fingerprint appointment came on time. However, on April 6, 2012, the USCIS Nebraska Service Center issued a request for evidence (RFE) on whether our client continued to be engaged in the occupation that is the basis of his national interest waiver. They mentioned that our client’s visiting professorship term ended three weeks after we filed his I-485 application and his employment with his home institution in South Korea was still ongoing.

The RFE letter from the USCIS requested us to submit evidence which established that the Applicant continued to be engaged in the occupation that is the basis of his national interest waiver. In our response brief, we noted that he is still engaged in the field which formed the basis of his National Interest Waiver. After the I-140 was approved, he proceeded to author more important publications, and was invited to several conferences and presentations in the world.  We also explained that his employment relationship with his home institution and the institution of his visiting professorship in Cleveland, OH, and explained why he applied for adjustment of status in the United States – to continue as a professor, researcher and scientist in the field of Macromolecular Science and Engineering / Chemistry / Polymer Science (Fiber System Engineering).  In our response to RFE, we included our client’s recent publications, invitation letters for upcoming conferences in the United States, and his on-going memberships with professional associations. Our office filed this response to RFE on April 16, 2012.

On April 26, 2012, the USCIS Nebraska Service Center approved our client’s adjustment of status application. The derivative applicants of this case (his immediate family members) also received the I-485 approval.  Now, our client and his family members are finally green card holders.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Korean
LOCATION: Columbus, OH

Our client came to the United States from South Korea in August 2010 with an F-1 student visa to study in Columbus.  She married a U.S. Citizen in September 2011 and retained our office on September 27, 2011 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on October 17, 2011.  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. On March 30, 2012, our client was interviewed at the Columbus, Ohio USCIS office.  Attorney Sung Hee (Glen) Yu from our office accompanied them at the interview as well.  On the same day, her green card application was approved.

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CASE: Emergency Advance Parole Document (I-131)
CLIENT: Korean
LOCATION: Cleveland, OH

Our client came to the United States in 2010, and through our firm, got his I-140 National Interest Waiver self-petition and his waiver of the J-1 two-year foreign residency requirement. We then filed I-485 adjustment of status applications for him and his family with the approved I-140 petition in January 25, 2012.  The application included I-131 advance paroled applications. His adjustment of status application is still pending at the USCIS Nebraska Service Center.

On March 2, 2012, our client contacted our office in urgency.  He informed us that his mother’s medical condition is critical, so he needs to go back to Korea to take care of her as soon as possible.  However, his I-131 was still pending at that time, and his biometrics and fingerprinting appointment was not issued yet. He wanted us to expedite the advance parole (travel) document so that he could visit his ailing mother.

According to USCIS policy, if the applicant is experiencing an extremely urgent situation, an emergency advance parole document may be requested at the local USCIS office.  The emergency situation must fall under the following categories:

• Severe financial need to the company or individual
• Extreme emergency situation
• Humanitarian situation
• Non-profit status of requesting organization in furtherance of the cultural and social interests of the United States
• Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
• USCIS error
• Compelling interest of USCIS

We obtained a letter from his mother’s doctor from Korea, explaining the emergency medical situation, and our office prepared a brief for submission to the USCIS Cleveland Field Office.  On March 5, 2012, Attorney Sung Hee Yu and our client appeared at Cleveland CIS office for an Infopass appointment to apply for the emergency advance parole.  The CIS Officer allowed our client to take biometrics on the same day, and reviewed our emergency advance parole application.  On March 6, 2012, only one day after the emergency application, the CIS Cleveland Field Office recommended approval for our client’s application and requested expedited service to Nebraska Service Center.  On March 7, 2012, the USCIS Nebraska Service Center approved our client’s I-131 advance parole document. Our client now is free to visit his mother in South Korea and come back to the United States with no issues during the pendency of his adjustment of status application.

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CASE: J-1 Waiver of Two-Year Foreign Residency Requirement, No Objection Statement
NATIONALITY: Korean
LOCATION: New York City, NY

Our South Korea client came to the U.S. on a J-1 Visa in January 2009.  She came to the U.S. to participate in an international internship program in New York City.  Upon completion of her J-1 internship program, she went back to South Korea in 2010.

While our client was in the United States for her internship, she met her U.S. citizen fiancé.  Later, they got engaged and her fiancé filed an I-129F fiancée visa petition on behalf of her in January 2011.  In May 2011, the I-129F petition was approved, and the related application materials were forwarded to the U.S. Embassy in Seoul to conduct our client’s fiancée visa interview.  In October 2011, our client had her fiancée visa interview at the Embassy.  During the interview, the Consulate officer told her that he cannot adjudicate the fiancée visa unless our client fulfills the two-year foreign residency requirement or obtain a waiver.  Although her visa was not denied, the Consulate officer told her that he would hold the decision for visa approval until client gets a waiver of the two-year foreign residency requirement.

Our client and her fiancé contacted our office in early December of 2011.  Upon consultation, they retained us in December 2, 2011.  Once retained, our office prepared and filed a waiver request through the No Objection Statement (NOS) from the Korean Embassy in the United States.

Attorney Sung Hee (Glen) Yu from our office contacted the Korean Consulate General Office in New York City, NY to pursue the waiver for our client.  The Consular office requested six different documents including a statement of reason for the waiver, the applicant’s resume, a J-1 visa waiver confirmation application, and a letter of reason for obtaining the J-1 waiver.  Most of those documents needed to be written in Korean, so Attorney Yu, a Korean himself, assisted our client in completing those documents.

On December 6, 2011 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Korean Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to get a K-1 Fiancé Visa, and will be eligible to adjust in the United States after her K-1 admission and the subsequent marriage to her U.S. Citizen fiancé.

The Korean Consulate General in New York forwarded our client’s documents to the Korean Embassy in DC.  Soon after, the Korean Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On February 2, 2012, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS has receipted the fee and will issue an I-612 approval shortly.

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

Our client is from South Korea who came to the U.S. on a J-1 Visa in August 2008.  He came to the U.S. for a NASA research fellowship, but his J-1 program made him subject to the two-year foreign residence requirement.  He retained our office to seek legal assistance for his I-140 (National Interest Waiver Classification) and I-485 Adjustment of Status applications.  Before we file his I-140/I-485 application simultaneously, he has to get a waiver for his two-year foreign residency requirement.

Once retained, our office promptly prepared and filed a waiver request through the No Objection Statement (NOS) from the Korean Embassy in the United States.

Attorney Sung Hee (Glen) Yu from our office contacted the Korean Consulate General Office in Los Angeles (Our client’s program sponsor was in Southern California, so the Korean Consulate General in Los Angeles has jurisdiction for our client’s application) to pursue the waiver for our client.  The Consulate requested six different documents including a statement of reason for the waiver, the applicant’s resume, a J-1 visa waiver confirmation application, and a letter of reason for obtaining the J-1 waiver.  Most of those documents needed to be written in Korean, so Attorney Yu, a Korean himself, assisted our client in completing those documents.

On December 7, 2011 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Korean Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to file a National Interest Waiver petition and adjustment of status application.

The Korean Consulate General in Chicago forwarded our client’s documents to the Korean Embassy in DC.  After that, the Korean Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On January 10, 2012, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS has receipted the fee and will issue an I-612 approval shortly.  Now, our client can file his adjustment of status application along with his NIW petition.

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

Our client is from South Korea who came to the U.S. on a J-1 Visa two years ago.  With Attorney Sung Hee (Glen) Yu’s assistance, this client got his I-140 self-petition (National Interest Waiver Category) in August 2011.  He came to the U.S. to work as a visiting professor.  After he received his approved I-140, but before he filed his I-485 adjustment of status application, he went back to Korea and had a J-1 visa interview.  At the interview, the Consulate officer informed him that he is now subject to the two-year foreign residency requirement since his program code is now subject to the requirement in the new skills list.  Thus, unless he fulfills the requirement in Korea or obtains a waiver, he is not able to adjust his status in the United States..

Before he had a visa interview, to clarify the uncertainty, our office checked with the State Department by filing an advisory opinion request.  According to the Department of State, “if you are not sure whether the two year foreign residence applies to you, you may make a written request for an advisory opinion for the applicability of the residence requirement to your situation.”  Our office promptly filed this advisory opinion request on August 24, 2011 to the Waiver Review Division of the Department of State.

Unfortunately, the decision of the Department of State stated that our client is subject to the two-year foreign residency requirement. After our office received this decision from the Department of State, Attorney Sung Hee (Glen) Yu prepared and filed a waiver request through the No Objection Statement (NOS) from the Korean Embassy in the United States.

Attorney Yu contacted the Korean Consulate General Office in Chicago to pursue the waiver for our client.  The Consulate office requested six different documents including a statement of reason for the waiver, the applicant’s resume, a J-1 visa waiver confirmation application, and a letter of reason for obtaining J-1 waiver.  Most of those documents needed to be written in Korean, so Attorney Yu, a Korean himself, assisted our client in completing those documents.

On October 11, 2011 the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Korean Embassy to issue a No Objection Statement and recommend this waiver based on the fact that our client is eligible to adjust with an approved I-140 if he obtains the waiver.

The Korean Consulate General in Chicago forwarded our client’s documents to the Korean Embassy in DC.  After that, the Korean Embassy issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On December 2, 2011, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued an I-612 approval notice on January 12, 2012. Now, our client can file his adjustment of status application along with the approved I-140 petition and I-612 J-1 waiver approval.

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CASE: I-140 (EB-2 Category)
EMPLOYER: Taekwondo (Martial Arts) School
BENEFICIARY: Korean
LOCATION: Akron, Ohio

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 more than 5 years of 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 two years ago.

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 March, 2011.

As we stated in a previous success story, his PERM Labor Certification was approved on October 25, 2011.  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, thus, we attached the tax return schedule that showed the net current assets of the Petitioner, which was over the minimum requirement. 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 December 5, 2011 via premium processing.  On December 15, 2011, in only ten days, the I-140 EB2 for our Korean client was approved.

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CASE: Adjustment of Status Based on Approved K-1 Visa
CLIENT: Korean
LOCATION: Dayton, OH

Our client came to the United States in June 2011 as a K-1 visa entrant from Korea.  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 your 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 August and consulted with us for her adjustment of status application. She retained our office on August 23, 2011.  Our firm quickly prepared and filed the I-485 Adjustment of Status Application on August 29, 2011 one week before her K-1 authorized stay period expired.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  Her work authorization card was issued on November 9, 2011.

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 December 5, 2011, her green card application was approved.

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CASE: PERM Labor Certification
EMPLOYER: Taekwondo (Martial Arts) School
BENEFICIARY: Korean
LOCATION: Akron, Ohio

Our client is a former prominent Taekwondo athlete, and currently 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 more than 5 years of coaching experience. Although he has maintained his status as an O-1 visa holder in the United States, his previous green card application (Based on EB-11 category) was denied two years ago.  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 clearly eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us in March, 2011.

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 May 27, 2011.  On August 12, 2011, we promptly filed PERM.  Eventually, on October 25, 2011, a little after two months from filing, 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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