CASE: I-485 based on I-140 (EB-1)

APPLICANT: Egyptian

LOCATION: Cleveland, OH

Our client is a chemist from Egypt, who is currently working at a large hospital in Cleveland as a researcher. He is an outstanding and internationally renowned researcher in his field of endeavor, and filed his I-140 (EB-1B) self-petition to the USCIS. While his I-140 petition was pending, he contacted our office for legal assistance of his and his wife’s I-485 adjustment of status applications.

On February 22, 2016, he retained us for their I-485 adjustment of status applications. Our office filed an I-485 adjustment of status application for our client and his wife on March 15, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time. His I-140 self-petition was approved by the USCIS.

Eventually, on July 18, 2016, the USCIS Nebraska Service Center approved our client and his wife’s adjustment of status applications. They are now green card holders.

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CASE: I-751

APPLICANT: Chinese

LOCATION: Cleveland, OH

Our client contacted our office in June of 2015 regarding Response to RFE for his I-751 application.

He is from China and married a green card holder in August 2013. Through his marriage, he obtained a 2-year conditional green card in January of 2014.  His conditional residency was terminated in January 2016.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. They single-handedly filed the I-751 application to USCIS in January 2016.

However, on June 6, 2016, the USCIS issued the Request for Evidence for our client’s I-751 application. The USCIS requested our client to provide more bona fide marital evidence. To get legal assistance, our client retained our office on June 14, 2016.  

Once retained, our office prepared the RFE response. On June 22, 2016, our office filed a Response to RFE to the USCIS with multiple affidavits from his friends and family members, joint bank statements, joint tax records, utility bills, joint lease, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

As a result, on July 8, 2016, the USCIS approved our client’s I-751 application and our client received his 10-year green card.

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CASE: PERM Labor Certification    
EMPLOYER: Korean Church
BENEFICIARY: Korean Education Pastor
LOCATION: Cleveland, OH

Our client is a Korean church in Cleveland, Ohio which was willing to petition for an Education Pastor position for a Korean, second-preference category for the I-140.  Our client’s prospective employee has a master’s degree in Divinity. After talking to our client, our firm concluded that this employer can petition him as an Education Pastor. 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 prospective employee’s education, professional and work background, our office determined that he is clearly eligible for EB-2 classification.  Our client eventually retained us in October 2015.

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 October 6, 2015, the prevailing wage request was filed.  After we obtained a foreign degree evaluation report, our office filed the job order on January 12, 2016.  On April 8, 2016, we filed PERM.  Eventually, on July 19, 2016, the PERM Labor Certification was approved – an EB2 position for the Korean beneficiary. Now our client can file the I-140 petition.

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CASE: PERM Labor Certification

EMPLOYER: Non-Profit Housing Organization

BENEFICIARY: Kenyan Non-Profit Housewarming Project Manager

LOCATION: Cleveland, OH

Our client is currently working as a Non-Profit Housewarming Project Manager whose current employer was willing to petition him for a second-preference EB2 petition (I-140).  Our client has a bachelor’s and a master’s degree in a related field and working experience as well. He has been working for his current employer under OPT status. Based on our client’s education, professional 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.

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. On April 2, 2015, the prevailing wage request was filed.  Once we received the Prevailing Wage determination, our office filed the job order on August 20, 2015.  On November 20, 2015, we filed PERM.

However, on May 2, 2016, 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 May 11, 2016.  

Eventually, on July 18, 2016, the PERM Labor Certification was approved – an EB2 position for the Kenyan 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: PERM Labor Certification    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Korean Dentist

Our client is from South Korea, who is currently working in the United States as an associate dentist under H-1B status. His current employer was willing to do an immigration petition for him, second-preference. Our client has a Doctor of Dental Medicine degree in the United States. After talking to our client, our firm concluded that his employer can petition him as an associate dentist. Based on our client’s education, professional and work background, our office determined that he is clearly eligible for EB-2 classification.

Prior to filing PERM, our firm prepared and filed 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 September 29, 2015, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on December 10, 2015.  On March 1, 2016, we promptly filed PERM.  Eventually, on July 8, 2016, the PERM Labor Certification was approved – an EB2 position for the Korean beneficiary. Now our client can file the I-140 petition.

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CASE: PERM Labor Certification

EMPLOYER: Engineering Company

BENEFICIARY: Taiwanese Radio Frequency Identification Engineer

LOCATION: Columbus, OH

Our client is currently working as a Radio Frequency Identification Engineer (RFID) whose current employer was willing to petition him for a third-preference petition (I-140).  Our client has a bachelor’s and a master’s degree in a related field and has requisite working experience. He has been working for his current employer under an H-1B status. Based on our client’s educational, professional and working background, our office determined that he is clearly eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us in March 2015.

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 retention, the prevailing wage request was filed.  After we obtained a foreign degree evaluation report, our office filed the job order on August 31, 2015.  On November 11, 2015, we promptly filed PERM.

However, on April 14, 2016, the Department of Labor issued an audit request. 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 April 29, 2016.  

Eventually, on June 30, 2016, the PERM Labor Certification was approved – an EB3 position for the Taiwanese 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: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Chinese

LOCATION: Cleveland, OH

Our client contacted our office in early July of 2015 regarding his pending I-751 filing. He came to the United States from China and he married a U.S. Citizen (her ex-wife) in December 2012.

Through his marriage, he was able to obtain a 2-year conditional green card in July of 2014. Thus, his conditional residency terminated in July 2016. However, our client experienced a lot of difficulties in his marital life with his ex-wife. Unfortunately, their marriage ended in August 2015.  Thus, our client could not file the I-751 application jointly with his ex-wife.

Once our office was retained, we requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition. We focused on the supporting documents that he can show and helped him draft an extensive affidavit about their marriage, and why it ended the way it did.

On October 6, 2016, our office filed the I-751 application with various supporting documents (over 18 exhibits and lengthy affidavit) to demonstrate our client’s bona fide marriage with his ex-wife.

In June 2016, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client at our office and informed him of potential issues at the interview.

On June 30, 2016, our client was interviewed for her I-751 application at the USCIS Cleveland, OH Field Office.  Attorney Sung Hee (Glen) Yu from our office accompanied our client.  The interview was very extensive.  Nevertheless, the USCIS approved our client’s I-751 application. Now, he has his ten-year green card.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Korean

LOCATION: Cleveland, OH

Our client contacted us in April 2016 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from South Korea and obtained his green card in October 2009. He retained our office on April 12, 2016.

The N-400 application was filed on April 13, 2016 with all supporting documents. Prior to his citizenship interview, our office prepared him. On June 27, 2016, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Attorney Sung Hee (Glen) Yu from our office accompanied our client as well. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on June 29, 2016. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: PERM Labor Certification    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Korean Dentist

Our client is from South Korea, who is currently working in the United States as an associate dentist under an F-1 (OPT) status. His current employer is willing to do an immigration petition for him, second-preference. Our client has a Doctor of Dental Medicine degree in the United States. After talking to our client, our firm concluded that his employer can petition him as an associate dentist. Based on our client’s education, professional and working background, our office determined that he is clearly eligible for EB-2 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 October 6, 2015, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on December 17, 2015.  On March 3, 2016, we promptly filed PERM.  Eventually, on June 27, 2016, the PERM Labor Certification was approved – an EB2 position for the Korean beneficiary. Now our client can file the I-140 petition.

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CASE: H-1B Visa Petition

PETITIONER:  Licensed Reference Laboratory

BENEFICIARY: Chinese Preparatory Chemist in Columbus, OH

Our client is a licensed reference laboratory located near Columbus, OH.  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 his Master of Science in Chemistry in the United States. The proffered position for the Beneficiary is a preparatory chemist which clearly 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, 2016 via regular processing service. This H-1B petition was selected after the lottery. Our client’s H-1B application was approved on June 23, 2015.

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