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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipino Registered Nurse in the Philippines

LOCATION: Manila, Philippines

Our client is a Filipino registered nurse who currently works in the Philippines. His prospective employer was willing to petition him for a third-preference I-140 as a registered nurse. 

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 nursing degree and has a Texas Registered Nurse License. Our firm told him that his prospective employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on February 18, 2019 and we started on his Prevailing Wage Request.

We filed the I-140 application on June 19, 2019 via regular processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. On January 22, 2020, the USCIS Texas Service Center issued a Request for Evidence and asked our client to submit documents to show its “ability to pay” the proffered wage for this beneficiary. Our office filed the Response to RFE on February 3, 2020. Eventually, on February 19, 2020, our client’s I-140 petition was approved. 

Once his I-140 was approved, our client retained our office again for his immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on December 14, 2020, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for the client at the U.S. Embassy in Manila. On June 27, 2022, our client appeared at the U.S. Embassy. The interview went well, and the Embassy approved and issued his immigrant visa. With the approved Immigrant Visa, our client can come to the United States immediately, and he will get his green card within two months of entry.

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CASE: EB-3 I-140

EMPLOYER: School

BENEFICIARY: Filipina Middle School Science Teacher

LOCATION: Mt. Clemens, MI

Our client has a current employer that was willing to petition for a third-preference I-140.  Our client has a Bachelor’s degree in Education, a valid Michigan Teaching license, and has worked for her current employer since May 2018. Based on our client’s education and credentials, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client retained us in October 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 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 assisted the Petitioner to file the job order on June 26, 2020.  On October 12, 2020, we filed PERM.  Eventually, on May 3, 2021, 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 2, 2021 via regular processing. On June 17, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipino Registered Nurse in the Philippines

LOCATION: Manila, Philippines

Our client is a Filipino registered nurse who currently works in the Philippines. His prospective US employer was willing to petition him for a third-preference employment immigrant visa I-140 as a registered nurse. 

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 nursing degree and has a Texas Registered Nursing License. Our firm told him that his prospective employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on February 18, 2019, and we started on his Prevailing Wage Request.

We filed the I-140 application on June 19, 2019 via regular processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. OnJanuary 22, 2020, the USCIS Texas Service Center issued Request for Evidence and requested our client to submit documents to show its “ability to pay” the proffered wage for this beneficiary. Our office filed Response to RFE on February 3, 2020. Eventually, on February 19, 2020, our client’s I-140 petition was approved. 

Once his I-140 was approved, our client retained our office again for his immigrant visa processing. Our office filed the immigrant visa packets to the National Visa Center on December 14, 2020, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for our client at the U.S. Embassy in Manila. On June 27, 2022, our client appeared at the U.S. Embassy in Manila, Philippines. The interview went well and the Embassy approved and issued his immigrant visa. With the approved Immigrant Visa, our client can come to the United States immediately, and he will get his green card within two months of entry.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Strongsville, OH

Our client contacted us in October 2021 to seek legal representation for her naturalization application. She came to the United States from the Philippines and obtained her green card in November 2012.

Her N-400 application was filed on October 29, 2021 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On May 31, 2022, 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 June 16, 2022, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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

NATIONALITY: Filipina

LOCATION: Casa Grande, AZ

Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in July 2017.  She came with her mother who entered on a J-1 Visa as a teacher in the U.S. 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 December 2021.  By getting a waiver, she would have the ability to change her status in the U.S. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without the fulfillment of 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. In fact, our client turned 21 in December 2021.  

Our firm was retained to do her J-2 waiver, and on February 22, 2022, 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.  On April 18, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On June 10, 2022, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: H-1B Visa Extension Petition
PETITIONER:  Public School District in Saint Francis, SD
BENEFICIARY: Filipina Special Education Teacher

Our client is a Public School District in Saint Francis, SD. They contacted our office in May 2022 to seek legal assistance from our office for their foreign employee’s H-1B extension.  The beneficiary obtained her Bachelor’s Degree in Special Education. The proffered position for the Beneficiary is a Special Education Teacher which qualifies as a specialty occupation. The Beneficiary has worked for her employer under a H-1B status since July 2020.   

Our office filed the H-1B visa petition on June 3, 2022 via premium processing. Eventually, our client’s H-1B application was approved on June 16, 2022.  Her H-1B is good until June 30, 2025. 

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CASE: I-140 (EB-3)

EMPLOYER: Public School District

BENEFICIARY: Filipino High School Biology Teacher

LOCATION: Casa Grande, AZ

Our client has an employer that was willing to file a third-preference I-140 for him. Our client has a Bachelor’s degree in Biology, a valid Arizona Teaching license, and has worked for his current employer since July 2016. Based on our client’s education and credentials, our office determined that he is clearly eligible for EB-3 classification for his 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 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 September 3, 2020.  On November 20, 2020, we filed the PERM application. 

On June 17, 2021, the Department of Labor issued a request for 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 June 29, 2021.  Eventually, on September 29, 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, employee’s W-2 copy, and other necessary supporting documents.

The I-140 Petition was filed on November 12, 2021 via regular processing service. Eventually, on June 2, 2022, the I-140 EB3 Petition for our Filipino client was approved without any Request for Evidence (RFE).

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

 NATIONALITY:  Filipino

 LOCATION: Dulce, NM

Our client came to the U.S. on a J-1 Visa in October 2019 to work as a teacher.  His J-1 visa made him subject to the two-year foreign resident requirement. Our client would like to file an adjustment of status application based on his employer’s I-140 petition.  However, due to the two-year foreign residency requirement, he had to obtain a waiver first.

Unlike our other J-1 clients, he could not pursue his waiver under the No Objection Statement or Interest Government Agency (IGA). Moreover, our client could not pursue his J-1 waiver based on exceptional hardship. Nonetheless, our client could pursue J-1 waiver under persecution category since he believes that he will be persecuted based on his same sex marital relationship with his current spouse.  

A person can file a J-1 waiver under the persecution basis if the person believes that he will be persecuted based on his race, religion, or political opinion if he  returns to his home country. The Waiver Review Division will proceed with the waiver recommendation under this basis only if USCIS makes a finding of persecution. 

Our client believed that he would be persecuted if he goes back to the Philippines based on his marriage in the U.S. His marriage is culturally and religiously forbidden in the Philippines.  After he retained our firm, we prepared and filed a waiver request through the persecution basis. On October 1, 2021, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit of our client, extensive brief in support for our client’s J-1 waiver application, and other supporting documents to show that he will be persecuted in the Philippines if he goes back. On October 5, 2021, our office filed the I-612 application to the USCIS and asked for them to issue and recommend this waiver based on the fact that our client will be persecuted if our client needs to go back to the Philippines for two years. 

On February 10, 2022, the USCIS issued  Request for Evidence (RFE) . We filed the response on April 7, 2022.  Eventually, the Department of State recommended a waiver for our client on April 28, 2022. Subsequently, the USCIS approved his I-612 waiver on June 2, 2022.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Parma Heights, OH

Our client came to the United States from the Philippines in December 2020. Since then, she has remained in the United States. She married a U.S. Citizen in December 2021. She retained our office on January 24, 2022 for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 16, 2022. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On May 31, 2022, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients. Eventually, on June 1, 2022, our client’s green card application was approved.

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CASE: I-140 (EB-3)

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Biology Teacher

LOCATION: Casa Grande, AZ

Our client has an employer was willing to petition her for a third-preference I-140.  Our client has a Bachelor’s degree in Secondary Education, a valid Arizona Teaching license, and has worked for her current employer since July 2016. Based on our client’s education and credentials, our office determined that she is eligible for EB-3. Our client retained us in April 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 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 August 31, 2020.  On December 8, 2020, we promptly filed PERM. 

On July 2, 2021, the Department of Labor issued a request for 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 July 29, 2021.  Eventually, on November 1, 2021, 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, employee’s W-2 copy, and other necessary supporting documents.

The I-140 Petition was filed on December 3, 2021 via regular processing. On May 23, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).

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