CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Cleveland, Ohio

Our client contacted us in April 2012 regarding the possibility of doing a National Interest Waiver self-petition for him. He is a post-doctorate researcher and scientist in the field of Material Science / Engineering, and is currently working as a post-doctorate researcher in an academic institution in Cleveland, Ohio.

His significant contributions have placed him at the pinnacle of the field of material science and engineering. He is a leading scientist with an excellent reputation in alloy design, especially in titanium alloys which are promising structural and functional materials for the next generation.

Our client successfully brazed Ti alloys which are mostly used in aerospace and chemical applications. Successfully joining titanium alloys is of great importance to national defense. He also developed very low-melting Ti-based filler alloys for Ti alloys. Lower brazing temperature would ensure lower risk of damaging aerospace components during processing

Upon review of his credentials and qualifications, our office determined that he was 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 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. You can also file for a work permit simultaneously.

As a primer, NIW applicants must have a master’s or higher degree. The landmark immigration case that discusses the standards for NIWs is Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm.1998). This case held that the qualifying applicant must show the following elements in his or her I-140 NIW petition: First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Next, it must be shown that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U. S. worker having the same minimum qualifications.

Our office prepared a 23-page brief for our client’s NIW filing. Our client also obtained 9 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication records, patents, presentation records, and conference materials in the NIW application. We 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 58 exhibits.

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on November 8, 2012. Eventually, on November 14, 2013, the USCIS Nebraska Service Center approved our client’s I-140 petition.

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CASE: I-751

APPLICANT: Spanish

LOCATION: Cleveland, OH

Our client contacted our office in early December 2012 regarding his I-751 application.

He is from Spain and he married a U.S. citizen in June 2010. Through his marriage, he obtained a 2-year conditional green card in April of 2011.  His conditional residency terminated in April 2013.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on December 18, 2012 and our office prepared the I-751 application for our client with documents we requested from them.

On January 28, 2013, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, joint bank statements, utility bills, insurance policies, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

After the application was filed, the fingerprint notice was issued two weeks later. There was no RFE issuance or interview request for our client’s I-751 application. As a result, on July 22, 2013, the USCIS approved our client’s I-751 application and our client received his 10-year green card.

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CASE: I-751

APPLICANT: Korean

LOCATION: Columbus, Ohio

Our client contacted our office in early May this year regarding her I-751 application.

She is from South Korea and married a U.S. citizen in March 2011. Through her marriage, she obtained a 2-year conditional green card in July of 2011.  Her conditional residency was terminated in July 2013.

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 again on May 13, 2013 and our office prepared an I-751 application for our client with bona fide marriage exhibits.

On June 3, 2013, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, insurance policies, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

The fingerprint notice was issued two weeks later.

There was no RFE issuance or interview request for our client’s I-751 application. As a result, on October 4, 2013, the USCIS approved our client’s I-751 application and our client received her 10-year green card.

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CASE: Marriage-Based Green Card
CLIENT: Russian
LOCATION: Cleveland, Ohio

Our client came to the United States in June 2006 with a J-1 Exchange Visitor’s visa from Russia to do her training program in the United States. Her J-1 program did not subject to the INA Section 212(e) two-year foreign residency requirement. After she completed her J-1 program, she remained in the United States.

She married a U.S. Citizen in July 2013.  Our client retained our office on July 8, 2013 for her I-130 petition and I-485 adjustment of status application. Our firm prepared and filed the I-130 petition and I-485 adjustment of status application, together with all necessary supporting documents, on August 14, 2013. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence.

Prior to the interview, we thoroughly prepared our clients at our office. On October 31, 2013, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee  (Glen) Yu accompanied them as well.  On November 7, 2013, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

CLIENT: El Salvadorian

LOCATION: Cleveland, OH

Our client came to the United States in October 2006 with a B-2 visitors visa from El Salvador. After she got divorced, she married a U.S. Citizen in March 2012 and retained our office for her petition and adjustment of status application.

She also asked us to file her son’s (Petitioner’s step-son) adjustment of status application.

Once retained, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on August 15, 2013. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence.

Prior to the interview, we thoroughly prepared our clients at our office. On November 5, 2013, our clients were interviewed at the Cleveland, OH USCIS office. Our attorney accompanied them at their interview as well. On the same day, our client and her son’s green card applications were approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Jamaican
LOCATION: Cleveland, OH

Our client came to the United States in September 2012 with a B-2 visitor’s visa from Jamaica.  She married a U.S. Citizen in April 2013 and retained our office on May 1, 2013 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 22, 2013.  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 at our office. On October 10, 2013, our client was interviewed at the Cleveland, OH USCIS.  Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. On October 28, 2013, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Iranian
LOCATION: Cleveland, OH

Our client came to the United States in 2012 with an H-1B work visa from Iran.  He married a U.S. Citizen in July 2013 and retained our office on July 24, 2013 for his adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 2, 2013.  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 at our office. On October 29, 2013, our client was interviewed at the Cleveland, OH USCIS.  Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. The interview went well, and on the same day, his green card application was approved.

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CASE: I-130 and Consular Processing (Immigrant Visa)

CLIENT: Chinese LPR Petitioner in Ohio; Chinese Beneficiary Wife in China

LOCATION: Petitioner: Ohio; Beneficiaries: China

Our client retained us to bring his wife from China to the United States. He is a permanent resident and was married in 2010. He filed the I-130 petition by himself and it was approved. However, he had difficulty with the Immigrant Visa process so he retained our office on March 13, 2013.

On May 20, 2013, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for our client’s wife at the U.S. Consulate in Guangzhou, and we prepared her for her interview. On September 24, 2013, the U.S. Consulate in Guangzhou, China approved and issued her immigrant visa.

With the approved immigrant visa, our client’s wife can come to the United States immediately, and she will get her green card within two weeks of entry.

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CASE: I-130 and Consular Processing (Immigrant Visa)

CLIENT: US Citizen Petitioner Son; Chinese Beneficiary Mother in China

LOCATION: Petitioner: Ohio; Beneficiaries: China

I-130 FILED: December 6, 2012

I-130 APPROVED: February 15, 2013

IV APPROVED: September 23, 2013

Our client retained us to bring his mother from China to the United States. He was born and raised in China, but was naturalized in the United States.

On December 6, 2012, our firm filed the I-130 Petition to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On February 15, 2013, the I-130 Petition was approved. We then started the immigrant visa processing phase of trying to get his mother over to the United States.

On May 22, 2013, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for our client’s mother at the U.S. Consulate in Guangzhou, and we prepared her for her interview. On September 23, 2013, the U.S. Consulate in Guangzhou, China approved and issued her immigrant visa.

With the approved immigrant visa, our client’s mother can come to the United States immediately, and she will get her green card within two weeks of entry.

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CASE: H-1B Visa Petition

PETITIONER:  Culture Center in Ohio

BENEFICIARY: Chinese Assistant Program Development Director

Our client is a Culture Center in Ohio that offers after-school and weekend educational programs for children and young students in the Greater Cleveland area. They contacted our office in the middle of March 2013 to seek legal assistance for its foreign beneficiary’s H-1B visa petition.

The beneficiary is a Chinese who obtained her Bachelor’s in Economics in China and also an MBA degree in the United States. The proffered position for the Beneficiary was for an Assistant Program Development Director which we argued qualified as a specialty occupation. We argued that the minimum requirement for this position is a Bachelor’s Degree in Economics/Business or its equivalent.

Upon retention, our firm prepared and eventually filed the H-1B visa petition with various supporting documents on April 1, 2013 via regular processing. The USCIS California Service Center issued a Request for Evidence (RFE) on July 2, 2013.

The USCIS argued that the offered position does not qualify as a “specialty occupation.” They claimed that the business was new and that a Bachelor’s degree was not required for this position.  They claimed that the beneficiary’s position is not specialized and complex enough to be qualified as a specialty occupation as the law requires.

In response to the RFE, our office argued in an 6-page response brief with 14 exhibits that the nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a Bachelor’s degree.  Moreover, we argued that the degree requirement is common to the industry in parallel positions among similar organizations.

Our office filed the response to the USCIS California Service Center on August 10, 2013. Our client’s H-1B application was approved on October 16, 2013. Now the Beneficiary can work for the Petitioner on an H-1B status until September 20, 2016

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