CASE: I-140 (EB-1C Category: Executives and Managers of Multinational Organizations)

EMPLOYER: Multinational Tire Corporation

BENEFICIARY: Korean

LOCATION: Akron, Ohio

Our client is an Engineering Manager of a multinational tire corporation in Ohio.  He is from South Korea. He has worked for Petitioner’s parent company for more than 20 years in positions of increasing responsibility including that of Tire Development team manager. He came to the United States in March 2020 with an E-2 visa to work for current petitioner company (wholly-owned subsidiary of his previous employer).  He contacted our firm in April 2020 and discussed us his chances of getting a green card.  Based on our client’s education and work background and his current position at the worksite, our office determined that he was 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.

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 29 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 more than 20 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 senior 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 an Engineering 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 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 September 24, 2020.   

However, on January 6, 2021, the USCIS Nebraska Service Center issued a Request for Evidence (RFE). The RFE letter requested our client to demonstrate the qualifying relationship between the parent company in South Korea and his current employer. Moreover, the USCIS requested our client to show whether he met the requirement of “one year managerial or executive position abroad.”

On the RFE response application package, we included a detailed job offer letter, employment verification letter from our client’s previous employer (parent company), and an organization chart.  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 the business registration certificate, a copy of the tax records, etc.  Our office filed the Response to RFE on March 24, 2021.  Eventually, on April 20, 2021, the I-140 petition was approved.  Now, our client can file the I-485 adjustment of status application based on the approved I-140 petition.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Canadian

LOCATION: Cleveland, OH

Our client came to the United States from Canada on a R-1 Religious Worker’s visa. She married a U.S. Citizen in August 2020 and retained our office on August 28, 2020 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 25, 2020.  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 April 19, 2021, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office also accompanied our clients. Eventually, our client’s green card application was approved on the same day.

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CASE: I-751

APPLICANT: Canadian

LOCATION: Diamond, OH

Our client contacted our office in May 2020 regarding her I-751 application.

She is from Canada and she married his U.S. citizen spouse in January 2018. Through her marriage, she obtained a 2-year conditional green card in June 2018.  Her conditional residency terminated in June 2020.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office on May 11, 2020. 

On May 26, 2020, our office filed the I-751 application to the USCIS. Eventually, the USCIS issued a Request for Evidence (RFE). We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on March 12, 2021.   

As a result, on April 8, 2021, the USCIS approved our client’s I-751 application and our client received her 10-year green card.

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CASE: Adjustment of Status at Removal Proceeding
CLIENT: Uzbek
LOCATION: Cleveland, OH (EOIR)

Our client came to the United States in September 2006 on a F-1 student visa from Uzbekistan. He failed to maintain his F-1 status in the U.S. and unbeknownst to him, he was placed into removal proceedings. He thus did not appear in Court and had an in absentia final order of removal.  

He married a U.S. Citizen in 2013.  Our client’s wife filed an I-130 petition on behalf of our client, and this I-130 petition was approved by the USCIS in January 2018. Once the I-130 petition was approved, our client filed an I-485 adjustment of status application to the USCIS. However, due to his final order of removal, his case was denied. He filed a Motion to Reopen in absentia order and his case was reopened by the immigration court. 

He retained our office in October 2019 for the representation in his removal proceedings. Once retained, our office prepared and filed the I-485 Adjustment of Status Application, and other supporting documents to the Cleveland Immigration Court.

On April 12, 2021, Attorney Sung Hee (Glen) Yu represented our client’s at his Individual Hearing for adjustment of status at the Cleveland Immigration Court.  After the hearing, the Immigration Judge granted our client’s adjustment of status relief.  Our client’s removal case was terminated simultaneously. Now, our client is a green card holder.   

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CASE: I-485 Adjustment of Status / EB-2 I-140

EMPLOYER: Nutrition Management Company

BENEFICIARY: Taiwanese Consulting Dietician in Toledo, OH

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 nutrition, a valid state dietician license, and has worked for her current employer since November 2018. Based on our client’s education an 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 October 8, 2019.  On February 22, 2020, we filed PERM.  Eventually, on June 18, 2020, the PERM Labor Certification was approved – an EB2 position for the Taiwanese 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 August 28, 2020, via regular processing. We also filed her I-485 adjustment of status application simultaneously since her priority date was current. On October 1, 2020, our office filed a premium processing upgrade request to the USCIS upon our client’s request. Eventually, on October 14, 2020, the I-140 EB2 Petition for our Taiwanese client was approved without any Request for Evidence (RFE). 

When we filed her I-140 petition, she concurrently filed her I-485 adjustment of status application. On March 30, 2021, the USCIS approved our client’s adjustment of status application without an interview. She is now a green card holder.

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CASE: Adjustment of Status at Removal Proceeding
CLIENT: Sierra Leonean
LOCATION: Cleveland, OH (USCIS / EOIR)

Our client came from Sierra Leone in January 2011 as a visitor. She married her U.S. Citizen husband in September 2013. Her authorized stay period expired at the time of her marriage. Due to her overstay, our client was placed in removal proceedings in December 2013.  She retained our office in January 2014 for legal assistance in her removal proceedings representation and I-130 filing. 

On November 5, 2015, the USCIS Cleveland office denied our client’s I-130 petition not because of his current marriage, because of her first marriage to a US Citizen. Before and at the interview itself, extensive evidence of bona fide marriage covering 2 years of marriage were submitted. The couple was able to answer a majority of the questions in the two and half hour interview, and the grounds and discrepancies relied upon by the USCIS in denying the I-130 compared to the majority and relevance of the correctly answered questioned together with the extensive evidence was relatively minor. A majority of the questions were also about her first marriage. 

In response to this denial decision, we timely filed a Notice of Appeal to the Board of Immigration Appeals from a decision of a USCIS officer on December 5. Eventually, on July 8, 2016, the BIA found that a remand is warranted for our client’s case.  As a result, on September 26, 2017, our client and her U.S. Citizen husband appeared at the USCIS Cleveland Field Office for another I-130 follow-up interview after this case was remanded to the USCIS. 

Even after the second interview, the I-130 remained pending without any issuance of an RFE or Notice of Intent to Deny. In the meantime, we filed Motions for Continuances for her Master Calendar hearings based on the pending I-130 petition. The Cleveland Immigration Court kept granting our Motions. The USCIS Cleveland Field Office finally approved our client’s I-130 petition on January 23, 2018. 

Once the I-130 petition is approved, our office prepared and filed the I-485 Adjustment of Status Application and other supporting documents to the Cleveland Immigration Court.

On April 8, 2021, Attorney Sung Hee (Glen) Yu represented our client at her Individual Hearing for adjustment of status.  After the hearing, the Immigration Judge granted our client’s adjustment of status application.  Our client’s removal case was terminated simultaneously. Now, our client is a green card holder.   

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Mentor, OH

Our client contacted us in May 2020 to seek legal representation for her naturalization application. She came to the United States from the Philippines and obtained her green card in June 2010. 

Her N-400 application was filed on June 9, 2020. Prior to her citizenship interview, our office prepared her via conference calls.  On February 10, 2021, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Our client answered all questions correctly and passed her interview. On April 1, 2021, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status

CLIENT: British

LOCATION: Renton, WA

Our client came to the United States from the United Kingdom on a J-2 visa in September 1996. Since then, he has remained in the United States.  He married a U.S. Citizen in January 2018 and retained our office on January 23, 2019, for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 8, 2019.  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 March 31, 2021, our client was interviewed at the Seattle, WA USCIS office. Eventually, on the same day of his interview, his green card application was approved.

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CASE: I-751

APPLICANT: Chinese

LOCATION: Cleveland, OH

Our client contacted our office in June 2020 regarding her I-751 application.

She is from China and she married a U.S. citizen in August 2017. She obtained a 2-year conditional green card in August 2018. Her conditional residency terminated in August 2020.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office on June 30, 2020. On July 8, 2020, our office filed the I-751 application to the USCIS. There was no RFE. On March 24, 2021, the USCIS approved our client’s I-751 application. She received her 10-year green card.

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CASE: I-751

APPLICANT: Cambodian

LOCATION: Cleveland, OH

Our client contacted our office in December of 2018 regarding her I-751 application.

She is from Cambodia and married a U.S. citizen in July 2016. Through her marriage, she obtained a 2-year conditional green card in February 2017.  Her conditional residency terminated in February 2019.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office on December 18, 2018.

On December 19, 2018, our office filed the  I-751 application to the USCIS. 

Mother later, the USCIS issued a Request for Evidence (RFE). We filed an extensive Response to RFE on January 5, 2021.  

Eventually, on March 16, 2021, the USCIS approved our client’s I-751.

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