CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Science Teacher

LOCATION: Casa Grande, AZ

Our client has a current employer that was willing to petition her for a third-preference petition (I-140).  She has a Bachelor’s degree in Education, a valid Arizona Teaching license, and has worked for her current employer since September 2015. Based on her education and credentials, our office determined that she is eligible for EB-3 classification.  Our client eventually retained us in September 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. Take note that the PERM application could only 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 February 7, 2020. The ads were also done.  On April 16, 2020, we filed PERM. 

On September 24, 2020, the Department of Labor issued an audit. The DOL requested documents from the 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 October 20, 2020.   

Eventually, on March 22, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. Our client can now file the I-140 petition at any time.

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CASE: EB-3 I-140

EMPLOYER: Public School District

BENEFICIARY: Filipina Elementary School Teacher

LOCATION: Tucson, AZ

Our client has a current employer who was willing to petition her for a third-preference petition (I-140).  She has a Bachelor’s degree in Elementary Education, a valid Arizona Teaching license, and has worked for her current employer since July 2017. Based on our client’s education and work background, she is eligible for EB-3 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 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 8, 2019.  On August 7, 2019, we filed PERM. 

On January 7, 2020, the Department of Labor issued an 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 23, 2020.  Eventually, on June 16, 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 job offer letter, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on July 24, 2020, via regular processing service. We also filed her I-485 adjustment of status application simultaneously since her priority date was current. On January 22, 2021, the USCIS issued a Request for Evidence (RFE) for our client’s teaching license. Our office immediately filed the RFE response. Eventually, on March 18, 2021, the I-140 EB3 Petition for our Filipina client was approved..

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CASE: J-1 Waiver (No Objection Statement – Humanitarian)

NATIONALITY: Philippines

LOCATION: Glendale, AZ

Our client came from the Philippines on a J-1 in August 2016 to work as a teacher. She was subject to the two-year foreign residency requirement. Later, her employer wants to sponsor her green card and she consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Our office told our client that she can apply for a waiver under the No Objection Statement category based on the fact that her husband experiences medical hardship. Though her husband is a citizen of the Philippines, his medical condition prompted her to pursue NOS waiver under the humanitarian category. 

On February 25, 2020, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On March 18, 2020, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  The EVP Philippines approved the NOS Application!

On February 25, 2021, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on March 2, 2021, the USCIS issued an I-612 approval notice for the waiver.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: Cleveland, OH

Our client contacted us in February 2020 to seek legal representation for his naturalization. He came to the United States from the Philippines and obtained his green card in July 2007

We filed his application on March 5, 2020. Prior to his citizenship interview, our office prepared him via conference calls.  On February 23, 2021, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization interview. On the same day, his application was approved. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: I-140 (EB-3 Category) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse in the Philippines

LOCATION: Houston, TX

Our client is Filipina registered nurse who currently works in the Philippines. Her prospective employer was willing to petition her for a third-preference employment immigrant visa petition (I-140) as a registered nurse. 

Since she is a registered nurse, 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 Professional Nurses is included in Schedule A.

Our client has a nursing degree and has a Texas Registered Nurse License. Our firm told her that her prospective employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on August 11, 2020 and we started on her Prevailing Wage Request. Her PW request was filed on August 12, 2020. 

We filed the I-140 application on February 5, 2021 via premium processing. We included the job offer letter, the notice of filing, financial ability to pay letter, and other necessary supporting documents. Eventually, on February 23, 2021, our client’s I-140 petition was approved without any Request for Evidence (RFE). Now, our client can file an immigrant visa application based on the approved I-140 petition.

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CASE: Marriage-Based Green Card (Same Sex Marriage Case)

CLIENT: Filipino

LOCATION: Chatsworth, GA

Our Filipino client came to the United States on a J-1 in May 2018. He married his U.S. Citizen partner in November 2019.

On June 26, 2013, the U.S. Supreme Court held that restricting U.S. federal interpretation of “marriage” and “spouse” to apply only to heterosexual unions, by Section 3 of the defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. United States v. Windsor, 570 U.S. ___ (2013). After Windsor decision, the USCIS implemented a new policy that the USCIS officer must review immigration via petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. As long as a same-sex couple is married in a U.S. state that recognizes same-sex marriage, their marriage shall be considered a valid marriage under the immigration law. 

They married in Georgia where same-sex marriage is recognized. Our client contacted our office and retained us on November 15, 2019. We filed the application on November 22, 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 February 10, 2021, our client was interviewed at the Atlanta, Georgia USCIS office. Eventually, on February 12, 2021, his green card application was approved by the USCIS. 

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CASE: PERM Labor Certification

EMPLOYER: Care Center in Houston, TX 

BENEFICIARY: Filipino Information Technology Director in the Philippines

Our client has a prospective employer willing to petition him for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Information Technology and currently works for an IT consulting company in the Philippines. We were retained on February 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 April 28, 2020.  On July 7, 2020, we filed PERM. On February 11, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipino beneficiary. Our client can file the I-140 petition at any time.

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CASE: I-751

APPLICANT: Filipina

LOCATION: Westlake, OH

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

She is from the Philippines and she married her U.S. citizen spouse in May 2016. She obtained her conditional green card in February 2017.  She retained our office on November 5, 2018.

On December 4, 2018, our office filed the I-751 application to the CIS. They issued an RFE and we responded on January 12, 2021. On February 11, 2021, the USCIS approved our client’s I-751 application.

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CASE: I-130 / I-485 Adjustment of Status

 NATIONALITY:  Filipina

 LOCATION: Estill, SC

Our client came from the Philippines on a J-1 in August 2015 to work as a public school teacher in South Carolina. She was subject to the two-year foreign residency requirement. After her authorized stay period expired, has remained in the United States. 

In May 2018, she got married her U.S. citizen husband and later on consulted with our firm for her J-1 visa waiver s. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Upon retention, our office prepared the waiver application. On September 13, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On November 5, 2019, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  They eventually forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On January 27, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on February 3, 2020, the USCIS issued an I-612 approval notice for the waiver. 

Once her J-1 waiver was approved, our client retained our office again for her adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 6, 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 through conference calls. On January 25, 2021, our client was interviewed at the Charleston, SC USCIS office.  The interview went well, and eventually, on the same day of the interview, her green card application was approved.

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CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, Hardship

 NATIONALITY: Filipina

 LOCATION: Douglas, AZ

Our client came from the Philippines as a J-1 teacher. She was subject to the two-year foreign residency requirement. She wanted to apply for a green card based on her marriage to her US citizen spouse, however she had to get a waiver first to be eligible. 

Based on 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.” 

Some of the factors in analyzing extreme hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978). 

On October 7, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit for our client, an extensive brief in support for our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for her U.S. citizen husband’s medical condition.  On October 16, 2019, our office filed the I-612 application to the USCIS and asked them to issue and recommend this waiver based on the fact that our client’s husband would experience exceptional hardship in the scenarios of separation and relocation. . 

On January 16, 2020, the USCIS issued a Request for Evidence (RFE) and requested our client to submit more hardship evidence. Our office prepared the response and filed an extensive Response to RFE on March 18, 2020. 

Eventually, the USCIS approved her I-612 waiver on January 22, 2021. Now that our client’s two-year foreign residency requirement is waived, she can file her adjustment of status application along with her husband’s I-130 petition in the United States. 

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