CASE: PERM Labor Certification

EMPLOYER: Rehabilitation Center in Katy, TX 

BENEFICIARY: Filipina S

Our client has a prospective employer that was willing to petition her for a third-preference petition (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 filed the PERM. 

On January 15, 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 21, 2020.   

Eventually, on June 12, 2020, 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-130 / I-485

NATIONALITY: Philippines

LOCATION: Salinas, CA

Our client came from the Philippines on a J-1 in September 2013 to work as a teacher. Based on her visa and DS-2019, she was subject to the two-year foreign residency requirement. Later, she got married to her U.S. citizen husband and 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 Embassy in the United States through the EVP in the Philippines.

On June 8, 2018, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We then prepared the documents for the NOS request to the EVP. On July 27, 2018, our office sent our NOS application to the Waiver Review Committee in Manila, Philippines.  Then, the Waiver Review Committee granted the No Objection Statement and forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued the official No Objection Statement to the Department of State.

On September 13, 2018, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on October 11, 2018, 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 February 1, 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 January 15, 2020, our client was interviewed at the Santa Clara, CA USCIS office.  

However, on May 1, 2020, the USCIS issued a Request for Evidence (RFE) and requested our client to submit a certified disposition of court and police documents record regarding her previous misdemeanor criminal record. Our office filed the Response to RFE to the USCIS on May 26, 2020. Eventually, on June 9, 2020, the USCIS approved our client’s I-485 adjustment of status application. Now, she is a green card holder. 

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Fayetteville, NC

Our client came from the Philippines on a J-1 in August 2015 to work as a teacher. Based on his DS-2019, he was subject to the two-year foreign residency requirement. 

In September 2018, he got married to his U.S. citizen spouse and later on consulted with our firm for his 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 Embassy in the United States and eventually the EVP in the Philippines.

On November 27, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On January 9, 2020, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On April 28, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on May 18, 2020, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for his adjustment status application along with his U.S. Citizen spouse’s I-130 petition for him.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Sacramento, CA

Our client came from the Philippines on a J-1 in August 2017 to work as a teacher. Based on her DS-2019, she was subject to the two-year foreign residency requirement. 

In July 2019, 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 two-year requirement or obtains a waiver.

On October 16, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On November 26, 2019, our office sent our client’s NOS request to the EVP Waiver Review Committee in Manila, Philippines.  The Waiver Review Committee approved of the request and forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On May 5, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on May 18, 2020, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment status application along with her U.S. Citizen husband’s I-130 petition for her.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Covington, KY

Our client came from the Philippines on a J-1 in August 2016 to work as a teacher. According to her DS-2019, she was subject to the two-year foreign residency requirement. 

In January 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 promptly prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On November 27, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  On December 16, 2019, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On May 5, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on May 12, 2020, the USCIS issued an I-612 approval notice for the waiver. Now, our client can file for her adjustment status application along with her U.S. Citizen husband’s I-130 petition for her.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Sacramento, California

Our client came from the Philippines on a J-1 in August 2016 to work as a teacher. Based on his DS-2019, he was subject to the two-year foreign residency requirement. Later, his employer wanted to sponsor his green card and he consulted with our firm for his 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 he can apply for a waiver under the No Objection Statement category based on the fact that he has a U.S. citizen son. Upon retention, our office promptly prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On September 30, 2019, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We also prepared the application packet to the EVP Philippines, which require several distinct documents, including apostilled affidavits and forms. On December 19, 2019, our office sent our client’s materials to the Waiver Review Committee in Manila, Philippines.  They approved the application and forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.

On May 5, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on May 12, 2020, the USCIS issued an I-612 approval notice for the waiver.

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

 CLIENT: US Citizen Petitioner Father; Filipino Beneficiary Children in the Philippines

 LOCATION: Petitioner: Daly City, CA; Beneficiary: Manila, Philippines

 I-130 FILED: June 8, 2018

 I-130 APPROVED: February 19, 2019

 IV APPROVED: February 10, 2020

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

On June 8, 2018, our firm filed the I-130 Petitions to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On February 19, 2019, the I-130 Petitions were approved. We then started the immigrant visa processing phase of trying to get his children over to the United States.

On September 17, 2019, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for our client’s children at the U.S. Embassy in Manila, and we prepared them for their interview. On February 10, 2020, the U.S. Embassy in Manila, Philippines approved and issued their immigrant visas.

With the approved immigrant visas, our client’s children can come to the United States immediately, and they will get their green cards within two months of entry.

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CASE:  I-751 / Termination of Proceedings

APPLICANT: Filipina

LOCATION: Solon, OH

Our client contacted our office in July 2018 regarding her removal proceedings representation and I-751 application.

She is from the Philippines and married a U.S. citizen in June 2014. Through her marriage, she obtained a 2-year conditional green card in July 2015.  Her conditional residency terminated in July 2017.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. They filed the I-751 application first; however, her husband filed a divorce against her while the application was pending.  Our client’s initial I-751 application was thus denied. Later on, our client was placed into removal proceedings.

Once retained, our office prepared an I-751 application for our client with other supplemental exhibits including a detailed explanatory brief. On December 19, 2018, 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. Once the application was filed, the fingerprint notice was issued two weeks later.

Our client had to appear for her Master Calendar hearing at the Cleveland Immigration Court on December 17, 2019. Attorney Sung Hee (Glen) Yu represented our client at her initial Master Calendar Hearing and informed the court that our office filed a new I-751 application to the USCIS.  

In December 2019, the USCIS scheduled an interview for our client. On January 28, 2020, our client was requested to appear for the interview at the USCIS Cleveland Field Office.  Prior to the interview, our office prepared her thoroughly at our office and also accompanied them at the interview as well. Eventually, on April 22, 2020, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions. 

Once our client received her 10-year green card, our office filed the Motion to Terminate proceedings to the Cleveland Immigration Court on May 1, 2020. As a result of it, on May 5, 2020, the Immigration Judge terminated our client’s removal proceedings. 

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Case: I-130/I-485

Potential Issue: Response to Notice of Intent to Deny

Client: Filipina

Location: Broadview, IL

Our client entered the United States from the Philippines. Later, she married her U.S. citizen husband and they filed an I-130 Petition and I-485 Adjustment of Status Application to the USCIS. In February 2019, they appeared at the adjustment of status interview at the USCIS Chicago Field Office. However, on March 27, 2020, the USCIS issued a Notice of Intent to Deny (NOID).  The NOID claimed that there was substantial and probative evidence that the marital union between the Petitioner and Beneficiary is not bona fide.  Moreover, the NOID pointed out that the submitted documentation of Petitioner and Beneficiary does not establish a bona fide nature of their marriage. 

Our office contacted our office and retained our office on April 10, 2020. In response to the USCIS’s NOID, our office included multiple supporting documents including, joint bank account statements, a joint tax return record, a joint cell-phone bill, and several pictures of our client and her husband in several occasions with different people.  Several legal authorities were cited based on particular issues discussed, and on April 23, 2020, we filed the Response to NOID prior to the 30-day deadline.

Finally, on May 5, 2020, the USCIS approved our client’s case. Both the I-130 Petition and I-485 Green Card Application were approved. Our client is now a green card holder.

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CASE: H-1B Visa Petition Extension

PETITIONER: School District in Mohave Valley, AZ

BENEFICIARY: Filipina Elementary Education Teacher

ISSUES: Cap-Exempt, Research Organization

Our client is a public school district affiliated with several institutions of higher education. They contacted our office in February 2020 to seek legal assistance from our office for their foreign employee. The beneficiary is an Elementary Education Teacher from the Philippines who has been working for this employer for last 5 years under J-1 / H-1B status. She wanted to extend her H-1B status which will be expired at the end of June 2020. 

The proffered position for the Beneficiary is an Elementary 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) and it is an extension petition. 

Once retained, our office filed the H-1B visa petition with various supporting documents on March 19, 2020 via regular processing. Eventually, our client’s H-1B application was approved on April 28, 2020 without any Request for Evidence (RFE).  She can now work for her employer for next three years on an H-1B status.

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