CASE: I-485 Adjustment of Status / I-140 (EB-3 Category) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse 

LOCATION: Houston, TX

Our client is a Filipina registered nurse who currently resides in Overland Park, KS. 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 Nursing 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 May 8, 2019 and we started on her Prevailing Wage Request.

We filed the I-140 application on September 26, 2019 via regular processing. We included the job offer letter, notice of filing, and other necessary supporting documents.  On October 24, 2019, our office filed an I-907 premium processing upgrade request for this petition. Without any Request for Evidence (RFE), on November 6, 2019, the I-140 was approved. 

Once her I-140 was approved, she retained our office again for her and her husband’s I-485 adjustment of status applications. Our office filed an I-485 adjustment of status application for our clients on November 22, 2019. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on November 27, 2020, their green card applications were approved without an interview.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Lakewood, OH 

Our client came to the United States in September 2018 on a F-1 Student visa from the Philippines. She married a U.S. Citizen in November 2019 and retained our office on December 16, 2019 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 19, 2020.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On November 12, 2020, our client was interviewed at the Cleveland, Ohio USCIS Field Office.  Attorney Sung Hee (Glen) Yu from our office accompanied them at the interview as well.  Eventually, on November 18, 2020, her green card application was approved. 

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: Boston, MA

Our client contacted us in September 2019 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from the Philippines and he obtained his green card in August 2016 through marriage to his US Citizen spouse. We represented him for both his 2-year green card and I-751 application as well. 

His N-400 application was filed on September 11, 2019. Prior to his citizenship interview, our office prepared him via conference calls.  On November 10, 2020, our client appeared at the Boston, MA USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization interview. On November 12, 2020, 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: Hospital

BENEFICIARY: Filipino Registered Nurse

LOCATION: Crosby, ND

Our client’s beneficiary is a registered nurse from the Philippines who is currently working in the UAE. His prospective U.S. 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 in Schedule A.

Our client has a Bachelor’s of Nursing degree and has passed the NCLEX exam. Our firm told him that his employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on May 4, 2020, and started on his Prevailing Wage Request.

We filed the I-140 application on November 5, 2020 via premium processing service. We included the job offer letter, the notice of filing, and other necessary supporting documents.

Eventually, on November 17, 2020, the I-140 was approved. Now, our client can file an immigrant visa application based on the approved I-140 petition since his priority date is current.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Filipina

LOCATION: Roswell, NM

Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in August 2017.  She came with her mother who came on a J-1 Visa. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

She turned 21 in July 2020.  She wanted to file her I-485 adjustment of status application with her U.S. citizen spouse’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot adjust her status in the United States without fulfilling the two-year requirement or the waiver. 

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. Our client turned 21 in July 2020.

Our firm was retained to do her J-2 waiver and on July 10, 2020, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on October 7, 2020, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On October 28, 2020, the USCIS issued an I-612 approval notice.

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CASE: H-1B Visa Petition

PETITIONER: School District in New Town, ND

BENEFICIARY: Filipino Special Education Teacher

ISSUES: Cap-Exempt, Nonprofit Organization Affiliated with an Institution of Higher Education

Our client is a public school district affiliated with several institutions of higher education. They contacted our office in September 2020 to seek legal assistance from our office for their foreign employee. The beneficiary is a Special Education Teacher from the Philippines who has been working for this employer for several years under J-1 status. Though he was subject to the INA 212(e), two-year foreign residency requirement, he already obtained a J-1 waiver from the USCIS. 

The proffered position for the Beneficiary is a Special Education Teacher. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Education or its equivalent.

In the first week of April, the numerical cap of H-1B visas for fiscal year 2021 was already reached. However, our client is qualified for cap-exempt petitions since it is a non-profit organization affiliated with an Institution of Higher Education as defined in 8 C.F.R. 214.2(h)(19)(iii)(B). 

Once retained, our office filed the H-1B visa petition with various supporting documents on October 16, 2020, via premium processing. Eventually, our client’s H-1B application was approved on October 30, 2020 without any RFE.  He can now work for his employer for three years on an H-1B status.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Westlake, OH

Our client contacted us in June 2020 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Philippines and she obtained her green card in September 2015.

Her N-400 application was filed on June 19, 2020 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On October 16, 2020, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization interview. On the same day, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: University Heights, OH

Our client contacted us in May 2020 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Philippines and she obtained her green card in July 2015.

Her N-400 application was filed on May 12, 2020. Prior to her citizenship interview, our office prepared her via conference calls.  On October 16, 2020, our client appeared at the Cleveland, OH USCIS office for her naturalization interview. Our client answered all questions correctly and she passed her naturalization interview. Eventually, on the same day of her interview, 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 Green Card (I-130 / I-485)

NATIONALITY: Philippines

LOCATION: Cherry Hill, NJ

Our client came from the Philippines on a J-1 in January 2018 as an exchange student. Based on her DS-2019, she was subject to the two-year foreign residency requirement. After her authorized stay period expired, she remained in the United States. 

In December 2018, she got married to her U.S. citizen husband and later on 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.

Upon retention, our office prepared a waiver request through a No Objection Statement (NOS) from the Philippine EVP in the Philippines.

On January 30, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On September 11, 2019, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  They granted a No Objection Statement. 

On December 18, 2019, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on January 13, 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 December 30, 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 through conference calls. On October 8, 2020, our client was interviewed at the Mount Laurel, NJ 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: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Filipina
LOCATION: Waukegan, IL

Our client contacted our office in September of 2018 regarding a response to the RFE for her I-751 filing. She is from the Philippines and she married a U.S. citizen in February 2013. Through her marriage with a U.S. citizen spouse, she obtained a 2-year conditional green card in February of 2015. Therefore, her conditional residency terminated in February 2017. She filed the I-751 with her husband in November 2016. However, she got an RFE from the USCIS.

Unfortunately, during their marriage, our client and her ex-husband went through struggles. They lived separately for a while and their divorce proceeding was initiated. Our client could not proceed with the I-751 joint filing with her ex-husband. After consultation, we advised that we can respond to the RFE and convert her application to one with a waiver of the joint filing requirement. We requested a waiver because our client entered into marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition.

On October 23, 2018, our office filed the Response to RFE with a conversion request from joint to waiver. The response had various supporting documents (over 15 exhibits and an affidavit over 6 pages) to demonstrate our client’s bona fide marriage with her ex-husband.  

In September 2020, the USCIS scheduled an I-751 interview for our client. Prior to the interview, our office thoroughly prepared our client via conference call with potential issues at the interview. On September 29, 2020, our client was interviewed for her I-751 application at the USCIS Chicago, IL Field Office. The interview was very extensive and the officer questioned her a lot.  Nevertheless, the USCIS approved her I-751 application on October 9, 2020. Now, she has her ten-year green card.

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