CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Austin, TX 

Our client came to the United States in July 2018 with a J-1 Exchange Visitor visa from the Philippines.  Her J-1 visa was not subject to the two-year foreign residency requirement, so she could apply for adjustment of status in the United States without a waiver.  She married a U.S. Citizen in July 2019 and retained our office on August 26, 2019 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on September 3, 2019.  Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients via conference calls. On March 5, 2020, our client was interviewed at the San Antonio, Texas USCIS Field Office.  Eventually, on the same day of her interview, her green card application was approved. 

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CASE: I-485 Adjustment of Status / I-140 (EB-2 Category) / Schedule A 

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipina Nurse Manager

LOCATION: Houston, TX

Our client was an F-1 student from the Philippines. Her prospective employer-sponsor was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she has a registered nurse license and the proffered position for her is a nurse manager at the nursing care facility, the petitioner wanted to try going for a “Schedule A” classification. They also wanted to do EB2 (requiring at least a Masters degree or Bachelors degree + 5 yrs experience).

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 having to file a Labor Certification with the Department of Labor. 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. We argued that the position of Nurse Manager should be classified under Schedule A. We argued that it falls under the broad spectrum of “professional nurse” occupations. We also argued that the job description has excerpts that fall under “professional nurse” and that the description justifies the requirements also of Bachelor’s degree in nursing and five years of related experiences. 

Our client has a Bachelor’s degree in nursing and has more than five years of experience as a staff nurse. She also has a registered nursing license in the state of Texas. Our office was retained and we started on the Prevailing Wage Determination filing and other related matters.

Once the prevailing wage was determined, we filed the I-140 application on April 15, 2019 via premium processing. We included the job offer letter, the notice of filing, employment letter, and other necessary supporting documents. In our cover brief, we included the “ability to pay” argument and why the nurse manager position falls under a Schedule A and EB2 designation.

However, on April 25, 2019, the USCIS issued a Notice of Intent to Deny (NOID). The USCIS argued that they cannot approve her I-140 petition because the proffered position, Nurse Manager, does not fall under Schedule A designation and it is not an EB-2 classified position. In our response brief, we cited the AAO decision and argued that positions other than “registered nurses” can fall under the definition of professional nurses, and thus fall under the Schedule A designation as well. The position of Nurse Manager for Petitioner, considering its job description, is a “position other than registered nurses that still falls within the definition of a professional nurse.” As to EB-2 classification argument, our office argued that the proffered position has the supervisory role and the complexity of job duties justify the EB-2 designation and the required 5 years experiences under the ONET Job Zone and the Department of Labor’s level. With this detailed response brief and other supporting documents, our office filed the Response to NOID to USCIS Texas Service Center on May 8, 2019.  Eventually, on May 18, 2019, the USCIS Texas Service Center approved her EB-2 I-140 petition. 

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her. On July 1, 2019, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client at via conference calls as well. On February 25, 2020, our client was interviewed at Houston Texas USCIS office. Attorney Sung Hee (Glen) Yu also accompanied our client as well. Her green card application was approved on the same day of her interview.

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipino Registered Nurse in the Philippines

LOCATION: Houston, TX

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 employment immigrant visa petition (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 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 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. However, on January 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. Now, our client can file an immigrant visa application based on the approved I-140 petition when his priority dates become current.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Costa Mesa, CA

Our client came to the United States from the Philippines with a B-2 visitor’s visa in November 2016. Since then, she has remained in the United States. She married a U.S. Citizen in February 2019 and retained our office on March 15, 2019 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 3, 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 19, 2020, our client was interviewed at the Santa Ana, California USCIS office. Eventually, on the same day of the interview, her green card application was approved.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Filipina
LOCATION: Springfield, GA 

Our client came to the United States in March 2019 with a J-1 Exchange Visitor visa from the Philippines.  Her J-1 visa was not subject to the two-year foreign residency requirement, so she could apply for adjustment of status in the United States without a waiver.  She married a U.S. Citizen in June 2019 and retained our office on July 23, 2019 for her adjustment of status application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 9, 2019.  Everything went smoothly and the receipt notices, the fingerprint appointment, and the work permit all came on time. There was no Request for Evidence.  Prior to the interview, we thoroughly prepared our clients via conference calls. On February 18, 2020, our client was interviewed at the Charleston, South Carolina USCIS Field Office.  On the same day of the interview, her green card application was approved. 

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CASE: Marriage-Based Green Card 

CLIENT: Filipino

LOCATION: Kenosha, WI

Our client came to the United States from the Philippines with a B-2 visitor’s visa. He married his current wife, who was a green card holder, in June 2016.  After the marriage, his wife filed an I-130 petition on behalf of our client in November 2016. This I-130 petition was approved in March 2018. While this I-130 petition was pending, our client overstayed his B-2 authorized stay period. Nevertheless, his wife became a naturalized U.S. citizen in August 2019.

Our client retained our office for his I-485 adjustment of status application. Our office prepared and filed an I-485 adjustment of status application, together with all necessary supporting documents on September 25, 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 12, 2020, our client was interviewed at the Milwaukee, WI USCIS office. Eventually, on the same day, his green card application was approved.

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CASE:  Adjustment of Status / EB-3 Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina

LOCATION: Houston, TX

Our client’s beneficiary is a registered nurse from the Philippines licensed in the state of Texas. She came to the United States and currently works in the United States with her E-2 status.  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 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 January 11, 2018 and started on her Prevailing Wage Request.

We filed the I-140 application on May 2, 2018 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. Without any issuance of Request for Evidence (RFE), on May 17, 2018, the I-140 was approved. 

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her. On May 1, 2019, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client at via conference calls as well. On November 25, 2019, our client was interviewed at Houston Texas USCIS office. Attorney Sung Hee (Glen) Yu also accompanied our client as well. However, her visa number was not available at the time of the interview. Nevertheless, on February 6, 2020, her green card application was approved.

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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 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 December 31, 2018 and started on her Prevailing Wage Request.

We filed the I-140 application on May 15, 2019 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. However, on June 24, 2019, 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 July 23, 2019.

Eventually, on January 17, 2020, our client’s I-140 petition was approved. Now, our client can file an immigrant visa application based on the approved I-140 petition when her priority dates become current.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipino

LOCATION: Des Moines, IA

Our client came to the United States from the Philippines on an H-4 visa in July 2014. He married a U.S. Citizen in October 2018 and retained our office on May 31, 2019 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on August 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 via conference calls as well. On January 28, 2020, our client was interviewed at the Des Moines, Iowa USCIS office. Eventually, on the same day of the interview, his green card application was approved.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Cherry Hill, NJ

Our client came from the Philippines on a J-1 in January 2018 as an exchange student. According to 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 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 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.  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 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. 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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