CASE: Immigrant Visa / Consular Processing / I-140 (EB-2 Category) / Schedule A

APPLICANT: Filipina Physical Therapist

LOCATION: Manila, Philippines

Our client is a physical therapist in the Philippines. Her prospective employer-sponsor was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she is a physical therapist, 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 Physical Therapist is included in Schedule A.

Our client has U.S. equivalent Master’s degrees in Physical Therapy and is a licensed physical therapist in the State of Texas. Our office was retained on May 9, 2018 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on September 10, 2018 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 nurse practitioners must fall under the Schedule A designation.  Eventually, on September 24, 2018, the USCIS Texas Service Center approved her EB-2 I-140 petition.

After the approval of the I-140 petition, our client retained us again for her immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on October 31, 2018, 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 Philippines. On January 9, 2019, our client appeared at the U.S. Embassy in Manila, Philippines. Eventually, after the interview, the Immigrant Visa was issued for our client.

With the approved Immigrant Visa, our client can come to the United States immediately, and she will get her green card within two months of entry.

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CASE: I-751

APPLICANT: Filipina

LOCATION: Cleveland, OH

Our client contacted our office in late April of 2017 regarding her I-751 application.

She is from the Philippine and she entered to US on a K-1 fiancée visa. She married her current U.S. citizen husband, and she got her green card in August 2015. Our office helped her in the green card process.  Her conditional residency terminated in August 2017.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office on April 28, 2017, and our office prepared an I-751 application for our client with other supplemental exhibits.

On May 30, 2017, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, joint leasing documents, 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. However, the USCIS issued the Request for Evidence (RFE) to demonstrate the bona fideness of our client’s marriage with her husband. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on November 5, 2018.

Nonetheless, the USCIS scheduled an interview for our client and her husband. On January 24, 2019, our client and her husband were requested to appear for the interview at the USCIS Cleveland Field Office.  Prior to the interview, our office prepared them thoroughly in our office and also accompanied them at the interview as well. The interview went well, and as a result, on the same day of the interview, the USCIS approved our client’s I-751 application.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Wisconsin

Our client contacted us in December 2017 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 April 2014 through her current marriage to her US Citizen Spouse.

Once retained, her N-400 application was filed on December 20, 2017 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On January 7, 2019, our client appeared at the Milwaukee, Wisconsin USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on January 17, 2019. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipino                                                                                                   

LOCATION: Cleveland, OH

Our Filipino client came to the US on a B-2 visitor’s visa.  In February 2018, our client married his current U.S. citizen wife.  He retained our office in September 2018 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 3, 2018. 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 at our office. On December 21, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, on January 10, 2019, his green card application was approved.

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CASE: I-751

APPLICANT: Filipina

LOCATION: New Mexico

Our client contacted our office in July of 2017 regarding her I-751 application.

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

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office, and our office prepared an I-751 application for our client with other supplemental exhibits.

On August 3, 2017, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, joint taxes, 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. However, the USCIS issued the Request for Evidence (RFE) to demonstrate the bona fideness of our client’s marriage with her husband. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on December 5, 2018.  

As a result, on December 28, 2018, the USCIS approved our client’s I-751 application and our client received her 10-year green card which removed the conditions.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Las Vegas, NV

Our client contacted us in September 2017 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 December 2014 through her marriage to her US Citizen husband.

Her N-400 application was filed on October 13, 2017 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On December 20, 2018, our client appeared at the Las Vegas, NV USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization and citizenship interview. Eventually, her application was approved on January 7, 2019. 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: Malaysian

LOCATION: Cleveland, OH

Our client contacted us in October 2018 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Malaysia and obtained his green card in July 2013. When he applied for a driver’s license, showing his permanent residency card, he received in the mail a voter registration notice, even though he never mentioned that he was a US Citizen. He immediately notified the Board of Elections, and he later on obtained a “Notice of Cancellation of Voter Registration” notice.

Upon retention, we prepared his application, and we drafted an explanation about his “voter registration” incident. We also included the “Notice of Cancellation of Voter Registration” document. The whole situation was explained in detail as an attachment to his N-400 application. HIs N-400 application was filed on October 11, 2018 with all supporting documents. Prior to his citizenship interview, our office prepared him at our office.  On December 20, 2018, our client appeared at the Cleveland, OH USCIS, accompanied by partner and attorney Sung Hee Yu, for his naturalization interview. Our client answered all questions correctly and he passed his naturalization and citizenship interview. Eventually, his application was approved on December 31, 2018. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                      

LOCATION: Indiana

Our client is from the Philippines who came to the U.S. on a J-1 exchange visitor’s visa in October 2014. She was not subject to the 2-year foreign residency requirement (INA Section 212(e)).  In September 2016, our client married her U.S. citizen husband. She retained our office for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 21, 2018.  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 at our office via conference calls. On May 31, 2018, our client was interviewed at the Indianapolis, Indiana USCIS office. Eventually, on December 12, 2018, her green card application was approved.

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CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipino

LOCATION: Beneficiary: Thailand / Petitioner: Houston, TX

Our Filipino client is currently working in Thailand as a nurse supervisor. His prospective employer-sponsor was willing to petition him for a second-preference employment immigrant visa petition (I-140). Since he has a registered nurse license and the proffered position for him 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 Health Services 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 5 years of experience as a nurse supervisor and a coordination nurse. He 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 November 21, 2018 via premium processing. We included a 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.

Eventually, on December 5, 2018, the USCIS Texas Service Center approved his EB-2 I-140 petition. Now, with the approved EB-2 I-140 petition (priority date for EB2 Philippines nationals is current), he can file immigrant visa.

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CASE: Immigrant Visa / I-140 (EB-2)

EMPLOYER: Public Schools District in Kansas

APPLICANT: Filipina Speech Language Pathologist

LOCATION: Manila, Philippines

Our client has a current employer that was willing to petition her for a third-preference petition (I-140).  Our client has a Master’s degree in speech language pathology, and a valid Kansas speech language pathologist license. Based on our client’s education and work background, our office determined that she is eligible for EB-2 classification for her I-140 petition.  Our client eventually retained us in November 2016.

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 March 21, 2017. On July 17, 2017, we filed PERM.

However, on December 18, 2017, the Department of Labor issued a request for 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 December 28, 2017.  Eventually, on March 19, 2018, the PERM Labor Certification was approved – an EB2 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 May 14, 2018 via premium processing service. Eventually, on May 25, 2018, the I-140 EB2 Petition for our Filipina client was approved without any Request for Evidence (RFE).

After the approval of the I-140 petition, our client retained us again for her immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on September 10, 2018, 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 Philippines. On December 12, 2018, our client appeared at the U.S. Embassy in Manila, Philippines. Eventually, after the interview, the Immigrant Visa was issued for our client.

With the approved Immigrant Visa, our client can come to the United States immediately, and she will get her green card within two months of entry.

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