CASE: EB-3 I-485 Adjustment of Status    
EMPLOYER:  Oleo-chemical manufacturer company in Boston, MA
BENEFICIARY: Malaysian Financial Planning & Analysis Manager

Our client is from Malaysia. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Business Administration. After talking to our client, our firm concluded that his employer can petition him as a Financial Planning & Analysis Manager. Based on our client’s education and work background, our office determined that he is eligible for EB-3 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 May 2, 2018, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on August 14, 2018. On October 17, 2018, we promptly filed PERM. Eventually, on January 8, 2019, the PERM Labor Certification was approved – an EB3 position for the Malaysian 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 February 1, 2019 via premium processing service. Eventually, on February 14, 2019, the I-140 EB3 Petition for our Malaysian client was approved without any Request for Evidence (RFE). 

Once the I-140 petition was approved, our client retained our office again for the I-485 adjustment of status applications for him and his wife. Our office filed an I-485 adjustment of status application for our clients on March 15, 2019. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference call as well. On November 6, 2019, our client was interviewed at Boston Massachusetts USCIS office. Eventually, on the same day of the interview, our clients’ green card applications were approved.

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

NATIONALITY: Chinese

LOCATION: Malden, MA

Our client was a citizen of China who came to the U.S. on a J-2 Visa in March 2011.  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 March 2016. She would like to get a waiver because she wants to adjust her status in the United States based on her U.S. citizen 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 2016.

Our firm was retained to do her J-2 waiver, and on May 23, 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 June 25, 2019, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. On July 2, 2019, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Lebanese

LOCATION: Marlborough, MA

Our client is a Lebanese Citizen who came to the U.S. on a J-2 Visa in November 2012. She came with her husband who held a J-1 Visa. Both were subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work out and she eventually got divorced from her ex-husband. Later, she married her current U.S. citizen husband. She was still subject to the two-year foreign residency requirement, and she would like to adjust her status in the United States. Until she gets a waiver of the 2-year foreign residency requirement, she cannot adjust her status in the United States.

She contacted our office, and our firm was retained to do her J-2 waiver on August 13, 2018.

On August 16, 2018, the J-2 Waiver Application along with the Form DS-3035 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 was divorced from the J-1 visa holder.

On September 19, 2018, the DOS sent a recommendation to the United States Citizenship and Immigration Service (USCIS) for our client be granted a waiver.

After we received the waiver, our client retained us again and sought legal assistance for her adjustment of status application. Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on September 27, 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 through conference calls. On April 18, 2019, our client was interviewed at the Boston Massachusetts USCIS office.  The interview went well, and eventually, on the same day of the interview, her green card application was approved.

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CASE: EB-3 I-140    
EMPLOYER:  Oleo-chemical manufacturer company in Boston, MA
BENEFICIARY: Malaysian Financial Planning & Analysis Manager

Our client is from Malaysia. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Business Administration. After talking to our client, our firm concluded that his employer can petition him as a Financial Planning & Analysis Manager. Based on our client’s education and work background, our office determined that he clearly eligible for EB-3 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 May 2, 2018, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on August 14, 2018. On October 17, 2018, we promptly filed PERM. Eventually, on January 8, 2019, the PERM Labor Certification was approved – an EB3 position for the Malaysian 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 February 1, 2019 via premium processing service. Eventually, on February 14, 2019, the I-140 EB3 Petition for our Malaysian client was approved without any Request for Evidence (RFE). He can file an I-485 adjustment of status application for his green card at any time.

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

NATIONALITY: Korean                                                                                                           

LOCATION: Boston, MA

Our client is from South Korea who came to the U.S. on a J-1 Visa in June 2015.  Later, he changed his status from J-1 to H-1B and filed his adjustment of status application based on an I-140 NIW self-petition. Both of his J-1 visa page and DS-2019 clearly state that his J-1 program is not subject to the INA 212(e), two-year foreign residency requirement. However, in order to make sure that he is not subject to the 2 year foreign residency requirement, he filed advisory opinion in June 2018. Nevertheless, the Department of State found that his J-1 program was subject to the two-year foreign residency requirement.

After the advisory opinion, our client contacted our office and retained us on October 24, 2018 for his J-1 waiver case. After retention, Attorney Sung Hee (Glen) Yu from our office contacted the Korean Consulate in New York 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 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 25, 2018, 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 in the United States if he obtains the waiver.

The Korean Consulate General in New York 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 20, 2018, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, the USCIS issued an I-612 approval notice on January 7, 2019.

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CASE: I-140 / National Interest Waiver

CLIENT: Pakistani

LOCATION: Boston, MA

Our client contacted us in May 2017 about the possibility of doing a National Interest Waiver self-petition. He is a researcher from Pakistan and he is an exceptional researcher and scientist in the field of microbiology and medical science.  

Our client’s significant contributions have placed him at the pinnacle of his field. He is an extraordinary researcher and scientist in the field of Microbiology and Medical Sciences. Throughout his research career, our client has been an outstanding scientist whose work is of critical importance in the prevention of certain human infections. Acanthamoeba is a dangerous pathogen and a causative agent of serious human infections. The most distressing fact is it forms a resistant double walled cyst inside human tissues and poses a key challenge in the successful treatment of the infection. To date, very little is known about the biology of encystation, however our client has thoroughly studied the process in the past few years. He has efficiently developed a liquid medium method to study encystation and using this method for the first time he identified the role of two key enzymes cellulose synthase and xylose isomerase during encystation using gene silencing technology. 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 17-page brief for our client’s NIW filing. Our client also obtained 9 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 Texas Service Center on October 19, 2017. Eventually, on February 12, 2018, the USCIS approved his I-140 petition without any Requests for Evidence.  Now, he can file his I-485 adjustment of status application along with his approved I-140 petition.

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CASE: Marriage-Based Adjustment of Status
NATIONALITY: Malaysian
LOCATION: Boston, MA

Our client is from Malaysia who came to the U.S. on a L-1 visa. In October 2016, our client married his current U.S. citizen wife. He retained our office on November 8, 2016 for his green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on November 22, 2016. 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 May 8, 2017, our client was interviewed at the Boston Massachusetts USCIS office. Eventually, on the same day of his interview, his green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: Massachusetts

Our client contacted us in May 2016 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from the Philippines and obtained his green card in April 1985.

Once retained, his N-400 application was filed on May 17, 2016 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls. On December 16, 2016, our client appeared at the Springfield, MA 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 January 6, 2017. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: I-140 / EB-11 (Alien of extraordinary ability)

CLIENT: Indian Chemist

LOCATION: Massachusetts

Our client contacted us in December 2016 about the possibility of getting an immigrant visa through the EB-11 category. He is an internationally well-known chemist and is currently working as a researcher in Boston, MA.  Our client has written numerous internationally recognized scholarly articles in his field of endeavor.  However, he filed his EB-11 I-140 petition by himself previously, and got a denial. Upon review of his credentials and qualifications, our office determined that he was definitely qualified for the EB-11 category, an alien of extraordinary ability.

According to the INA Section 203(b) states, in pertinent part, that:

1. Priority workers – visas shall first be made available… to qualified immigrants who are aliens described in any of the following sub-paragraphs (A) through (C):

1. Aliens with extraordinary – an alien is described in this sub-paragraph if-

1. The alien has extraordinary ability in the sciences, arts, education, business, or athletes which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
2. The alien seeks to enter the United States to continue work in the area of extraordinary ability, and
3. The alien’s entry into the United States will substantially benefit prospectively the United States.

USCIS has consistently recognized that Congress intended to set a very high standard for individuals seeking immigrant visas as aliens of extraordinary ability.  See H.R. 723 101st Cong.2d Sess. 59 (1990); 56 Fed. Reg. 60897, 60898-99 (Nov. 29, 1991).  The term “extraordinary ability” refers only to those individuals in that small percentage who have risen to the very top of the field of endeavor. Id. And 8 C.F.R. § 204.5(h)(2).

The regulation at 8 C.F.R. § 204.5(h)(3) requires that an alien demonstrate his or her sustained acclaim and the recognition of his or her achievements in the field.  Such acclaim and achievements must be established either through evidence of a one-time achievement (that is, a major international recognized award) or through meeting at least three of the following ten categories of evidence:

1. Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

1. Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

1. Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought.  Such evidence shall include the title, date, and author of the material, and any necessary translation;

1. Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

1. Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

1. Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;

1. Evidence of the display of the alien’s work in the field at an artistic exhibitions or showcases;

1. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

1. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or

1. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

After the review of our client’s credentials and qualifications, we determined that our client meets 3 of the 10 categories. Our client has made original scientific contributions of significance to the field of nuclear medicine and molecular imaging, in particular in the areas of cardiovascular diseases and imaging, cancer research, neurological disorders, and pharmaceutical sciences. He has authorship of scholarly articles in his professional field of endeavor. Lastly, our client has participated as a judge of the work of others in the same or an allied field of specialization for which classification is sought.

Our office prepared a 36-page brief for our client’s EB-11 filing. Our client also obtained 7 letters of recommendation from internationally well-known scholars in his field of endeavor. Our office also included his record of publications, citations, conference proceedings and invited talks, journal reviewer invitation evidence and other materials to show that he is an alien of extraordinary ability in plant engineering research. His EB-11 I-140 application contained 90 exhibits.

Our office filed his I-140 (EB-11) petition to the USCIS Texas Service Center via regular processing on May 25, 2016. Eventually, without any RFE, the USCIS Texas Service Center approved his I-140 self-petition on November 23, 2016.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Boston, MA

Our client came to the United States from the Philippines on a B-2 visitor’s visa in June 2014. After her authorized stay period expired, she remained in the United States. She married a U.S. Citizen in May 2015 and retained our office for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 16, 2015.  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 May 5, 2016, our client was interviewed at the Boston, Massachusetts USCIS office. The interview went well, but the USCIS requested our clients to submit more bona fide marital evidence. In response to the RFE, our client submitted more bona fide marital evidence to the USCIS Boston Field Office.  Eventually, on May 31, 2016, her green card application was approved.

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