CASE: I-140 (EB-2)

EMPLOYER: Public Schools District

BENEFICIARY: Filipina Speech Language Pathologist

LOCATION: Crosby, North Dakota

Our client has a current employer that was willing to petition her for a second-preference petition (I-140).  Our client has a master’s degree in speech language pathology, a valid North Dakota speech language pathologist license, and has worked for her current employer since March 2014. Based on our client’s education and work background, our office determined that she is eligible for EB-2 classification for her I-140 petition.  

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 PW determination, our office filed the job order. On January 29, 2019, we promptly filed PERM. Eventually, on April 26, 2019, the PERM Labor Certification was approved – an EB2 position for the Filipina 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, employee’s most recent W-2 record, and other necessary supporting documents.

The I-140 Petition was filed on May 28, 2019 via regular processing service. Eventually, on August 22, 2019, the I-140 EB2 Petition for our Filipina client was approved without any Request for Evidence (RFE). 

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CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipina Physical Therapist

LOCATION: Philip, South Dakota

Our client is a physical therapist from the Philippines who is currently working for her employer on an H-1B status. Her current employer-sponsor was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she is a physical therapist, she is 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 Physical Therapist is included in Schedule A.

Our client has U.S. equivalent Master’s degrees in Physical Therapy and is a licensed physical therapist in the State of South Dakota. Our office was retained on September 10, 2018 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on April 22, 2019 via premium processing. We included the job offer letter, the notice of filing, employment letter, and other necessary supporting documents. In our cover brief, we included the “ability to pay” argument and why nurse practitioners must fall under the Schedule A designation.  However, on April 26, 2019, the USCIS Nebraska Service Center issued Request for Evidence and requested our client to submit her marriage certificate and a letter from her employer stating the signed date of the notice of filing document. Our office filed the Response to RFE on April 29, 2019.

Eventually, on May 2, 2019, the USCIS Nebraska Service Center approved her EB-2 I-140 petition. Now, with the approved EB-2 I-140 petition, she can file her adjustment of status application at any time.

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CASE: PERM Labor Certification

EMPLOYER: Public Schools District

BENEFICIARY: Filipina Speech Language Pathologist

LOCATION: Crosby, North Dakota

Our client has a current employer that was willing to petition her for a second-preference petition (I-140).  Our client has a master’s degree in speech language pathology, a valid North Dakota speech language pathology license, and has worked for her current employer since March 2014. Based on our client’s education and work background, our office determined that she is clearly eligible for EB-2 classification for her I-140 petition.  

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 PW determination, our office filed the job order. On January 29, 2019, we promptly filed PERM.

Eventually, on April 26, 2019, the PERM Labor Certification was approved – an EB2 position for the Filipina beneficiary. Since her priority date is current, our client can file the I-140, I-485 green card application, and I-765 simultaneously.

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CASE: EB-2 I-140

EMPLOYER: Public Schools District

BENEFICIARY: Filipino Speech Language Pathologist

LOCATION: North Dakota

Our client has a current employer who was willing to petition him for a second-preference petition (I-140).  Our client has a master’s degree in speech language pathology, a valid North Dakota speech language pathologist license, and has worked for his current employer since August 2015. Based on our client’s education and work 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 2017.

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 PW determination, our office filed the job order on June 20, 2017. On December 13, 2017, we promptly filed PERM. Eventually, on April 26, 2018, the PERM Labor Certification was approved – an EB2 position for the Filipino 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 July 26, 2018 via premium processing service.

However, on August 6, 2018, the USCIS Nebraska Service Center issued Request for Evidence (RFE) and requested our client to submit the documents to show special skills for Beneficiary. On September 5, 2018, our office filed Response to RFE and included the letter from the Petitioner regarding the proof that Beneficiary already obtained his special skills for the proffered position.

Eventually, on September 14, 2018, the I-140 EB2 Petition for our Filipino client was approved. He can file an I-485 adjustment of status application for his green card in October 2018.

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CASE: PERM Labor Certification

EMPLOYER: Public Schools District

BENEFICIARY: Filipino Speech Language Pathologist

LOCATION: North Dakota

Our client has a current employer that was willing to petition him for a second-preference petition (I-140).  Our client has a master’s degree in speech language pathology, a valid North Dakota speech language pathologist license, and has worked for his current employer since August 2015. Based on our client’s education and work background, our office determined that he is eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us in March 2017.

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 PW determination, our office filed the job order on June 20, 2017. On December 13, 2017, we promptly filed PERM.

Eventually, on April 26, 2018, the PERM Labor Certification was approved – an EB2 position for the Filipino beneficiary. Since his priority date is current, our client can file the I-140, I-485 green card application, and I-765 simultaneously.

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CASE: Change of Status / I-539
NATIONALITY: Filipina
LOCATION: North Dakota

Our client is from the Philippines who came to the U.S. on a J-1 exchange visitors visa to work in the United States. She consulted with our firm a few weeks before the expiration of her J-1 status. She wanted to continue her stay in the United States for six more months to spend more time here for her medical treatment.  We explained to her that CIS has been more stringent on Visitor status changes.

Upon retention, we asked her to prepare a statement on her plans if her change of status request is granted. We asked her to provide as much detail as possible as we reviewed her drafts several times. We made sure all addresses, contact information, and dates on her statements were complete and accurate. We made sure all her plans were supported by corroborating evidence as exhibits to the application to avoid a possible Request for Evidence by the CIS.  Our office submitted financial documents as well. We filed the I-539 Change of Status Application on February 1, 2016.

However, on November 29, 2016, the USCIS California Service Center issued Request for Evidence and requested our client to submit more evidence to demonstrate her intention to go home (Philippines), reasons for her change of status, and her financial ability to stay in the United States if her change of status is granted. Our office prepared the Response to RFE and filed the response to USCIS on December 27, 2016. Eventually, on January 9, 2017, her change of status request (from J-1 to B-2) was granted and she can stay in the United States until July 2017.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce

NATIONALITY: Chinese

LOCATION: South Dakota

Our client is a Chinese national and a naturalized Canadian Citizen who came to the U.S. on a J-2 Visa in 1994. She came with her husband who held a J-1 Visa as a visiting scholar. 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. She lost her J-2 status and she was still subject to the two-year foreign residency requirement. After that, she moved to Canada, pursued her education, and became a naturalized Canadian Citizen.

She came back to the United States and eventually got an I-140 EB2 approval from her employer. However, even with the approved I-140 petition, until she gets a waiver of the 2-year foreign residency requirement, she cannot file for adjustment of status.

She contacted our office, and our firm was retained to do her J-2 waiver on March 28, 2014.

Our client did not have any of her ex-husband’s IAP-66s, but we submitted several documents pertaining to information that may be helpful to the DOS. They requested more documents, and we provided them what the applicant had and an brief that included the program number, program sponsor, dates, program name, etc.

On April 7, 2014 the J-2 Waiver 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 April 30, 2014, the DOS sent a recommendation to the United States Citizenship and Immigration Service (USCIS) for our client to be granted a waiver. On May 5, 2014, the USCIS issued the I-612 waiver approval.

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