CASE: I-485 Adjustment of Status / I-140 (EB-3 Category) / Schedule A
EMPLOYER: Nursing / Rehabilitation Center
BENEFICIARY: Filipino
LOCATION: Des Plaines, IL

Our client is a registered nurse who is currently working at a large nursing and rehabilitation facility in Des Plaines, Illinois. His employer was willing to petition him for a third-preference employment immigrant visa petition (I-140). Since he is a registered nurse, he 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 Professional Nurses is included on Schedule A.

Our client has a nursing degree and has several years of related experience. During the consultation, our firm concluded that his employer can petition him as a Registered Nurse under the schedule A category. 

We filed the I-140 application on March 18, 2020 via regular processing. We included the job offer letter, the notice of filing, his H-1B status approval notices, and other necessary supporting documents.  On July 24, 2020, upon our client’s request, we upgraded his case to premium processing by filing an I-907 application with required fees. On August 11, 2020, the I-140 was approved.

Once his I-140 was approved, he retained our office again for his I-485 adjustment of status application. Our office filed an I-485 adjustment of status application October 13, 2020. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on July 22, 2021, his green card application was approved without an interview.

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CASE: I-485 based on Approved I-140 (EB-3 Skilled worker)

 APPLICANT: Filipina

 LOCATION: Champaign, IL

Our client is a rehabilitation aide from the Philippines, who is currently working at a rehabilitation center in Champaign who did an I-140 for her. The priority date is May 1, 2019.

In August 2020, she contacted our office and retained us for an I-485 adjustment of status application for her and her immediate family members (husband and two daughters). Our office filed the I-485 adjustment of status application for our clients on October 1, 2020. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on July 8, 2021, their green card applications were approved without an interview.

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CASE: EB-3 I-140

EMPLOYER: Rehabilitation Center in Katy, TX 

BENEFICIARY: Filipina Patient Guest and Front Desk Service Manager in the Philippines

Our client has a prospective employer that is willing to petition for a third-preference I-140.  Our client has a Bachelor’s degree in Tourism Management and currently works in the Philippines Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us on February 14, 2019.

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, the job order was filed on June 5, 2019.  On August 15, 2019, we promptly filed PERM. 

However, on January 15, 2020, 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 January 21, 2020.   Eventually, on June 12, 2020, the PERM Labor Certification was approved – an EB3 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 beneficiary’s degree, past experience letter, job offer letter, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on December 4, 2020 via regular processing service. Eventually, on July 1, 2021, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).

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CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina Elementary Special Education Teacher

LOCATION: Mohave Valley, AZ

Our client has a current employer that was willing to do an EB2 Petition.  Our client has a Bachelor’s degree in Education, a valid Arizona Teaching license, and has more than 5 years of experience as a Special Education Teacher. 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.  Our client eventually retained us in May 2020.  

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 15, 2020.  On January 8, 2021, we promptly filed PERM. 

Eventually, on July 6, 2021, the PERM Labor Certification was approved without any audit – an EB2 position for the Filipina beneficiary. Our client can file the I-140 petition at any time. 

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CASE: EB-3 I-140

EMPLOYER: Heavy Equipment Rental Company

BENEFICIARY: Filipino KRB Electronic Test Engineer

LOCATION: Christiansted, VI

Our client has an employer who was willing to file a third-preference immigrant petition (I-140) for him.  Our client has a Bachelor’s degree in Electronics Engineering and has worked for his current employer since September 2017. Based on our client’s education and work background, our office determined that he is eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us on December 12, 2019. 

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 April 28, 2020.  On September 24, 2020, we promptly filed PERM. Eventually, on May 7, 2021, the PERM Labor Certification was approved – an EB3 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 June 10, 2021 via premium processing service. Eventually, on June 24, 2021, the I-140 EB3 Petition for our Filipino client was approved without any RFE. Now he can file his adjustment of status application.

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CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Biology Teacher

LOCATION: Casa Grande, AZ

Our client’s employer was willing to file a third-preference petition (I-140) for her.  She has a Bachelor’s degree in Secondary Education, a valid Arizona Teaching license, and has worked for her current employer since September 2017. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us on May 4, 2020. 

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 September 9, 2020.  On November 24, 2020, we filed PERM. 

Eventually, on June 7, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. Our client can file the I-140 petition at any time.

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CASE: I-751

APPLICANT: Irish

LOCATION: Parma, OH

Our client contacted our office in April 2020 regarding his I-751 application.

He is from Ireland and he married a U.S. citizen in January 2018. Through his marriage, he obtained his 2-year conditional green card in August 2018.  His conditional residency terminated in August 2020.

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 April 13, 2020. 

On May 7, 2020, our office filed an I-751 application to the USCIS with several bona fide evidence. 

Eventually, USCIS issued a Request for Evidence (RFE). We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on May 14, 2021.  

On June 1, 2021, the USCIS approved our client’s I-751 application and our client received his 10-year green card which removed the conditions.

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CASE: I-751

APPLICANT: Thai

LOCATION: Shaker Heights, OH

Our client contacted our office in August 2019 regarding his I-751 application.

He is from Thailand and he married a U.S. citizen in September 2016. Through his marriage, he obtained a 2-year conditional green card in October 2017.  His conditional residency terminated in October 2019.

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 August 30, 2019, and our office prepared and filed the I-751 application on September 27, 2019

On June 2, 2021, the USCIS approved our client’s I-751 application and our client received his 10-year green card.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                   

LOCATION: Elyria, OH 

Our Filipina client came to the U.S. on a B-1 visitor’s visa in July 2010. She remained in the United States since then. In September 2010, our client married her current U.S. citizen husband.  She retained our office on September 9, 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 June 4, 2021, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well. Eventually, on the same day of her interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                   

LOCATION: Falmouth, MA

Our client is from the Philippines who came to the U.S. on a B-1 visitor’s visa in July 2015. Since then, she has remained in the United States. In July 2020, our client married her U.S. citizen husband.  She retained our office on January 7, 2020 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 21, 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 at our office via conference calls. On April 2, 2021, our client was interviewed at the Boston, MA USCIS office. On May 28, 2021, her green card application was approved.

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