CASE: I-140 (EB-3)

EMPLOYER: Public School District

BENEFICIARY: Filipino High School Math Teacher

LOCATION: Casa Grande, AZ

Our client has an employer willing to do an I-140 Petition for him. He has a Bachelor’s degree in Math, a valid Arizona Teaching license, and has worked for his employer since July 2016. Based on his education and credentials, our office determined that he is eligible for EB-3 classification for his I-140 petition.  We were retained 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 10, 2020.  On December 11, 2020, we filed PERM. 

On July 7, 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 23, 2021. Eventually, on November 1, 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 19, 2021 via regular processing. On May 17, 2022, the I-140 EB3 Petition for our Filipino client was approved without any Request for Evidence (RFE).

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Waukegan, IL

Our client contacted us in August 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 2016.

Her N-400 application was filed on September 3, 2021 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference call.  On May 11, 2022, our client appeared at the Chicago, IL USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization interview. On May 12, 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: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Waukegan, IL

Our client contacted us in July 2021 to seek legal representation for her naturalization application. She came to the United States from the Philippines and obtained her green card in February 2015.

Once retained, her N-400 application was filed on July 29, 2021 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On April 22, 2022, our client appeared at the Chicago, IL USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization interview. On April 28, 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: Marriage-Based Adjustment of Status

NATIONALITY: Filipino                                                                       

LOCATION: Stuttgart, AR

Our client is from the Philippines who came to the U.S. on an H-1B visa. In September 2021, our client married his current U.S. citizen spouse. He retained our office on December 7, 2021 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 23, 2021.  Everything went smoothly and the receipt notices and fingerprint appointment all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On April 28, 2022, our client was interviewed at the Memphis, TN USCIS office. On April 29, 2022, his green card application was approved.

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

APPLICANT: Filipina Registered Nurse 

LOCATION: Katy, TX

Our client is Filipina registered nurse (citizen of Canada) who currently works in Houston, Texas under a TN status. Her current employer was willing to petition for a third-preference I-140. 

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 current employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on May 4, 2021 and we started on her Prevailing Wage Request. Her PW request was filed on May 7, 2021. 

We filed the I-140 application on October 29, 2021 via premium processing. We included the job offer letter, the notice of filing, financial ability to pay letter, and other necessary supporting documents. On November 10, 2021, our client’s I-140 petition was approved without any Request for Evidence (RFE). 

Once her I-140 petition was approved, she retained our office again to file adjustment of status applications for her and her husband. On January 24, 2022, our office filed an I-485 adjustment of status application for our client and her husband. Everything went smoothly and the receipt notices and fingerprint appointment came on time. On April 22, 2022, their green card applications were approved. Her adjustment of status application was approved within 3 months from the filing date.

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CASE: I-485 Adjustment of Status / EB-3 I-140

EMPLOYER: Public School District in Mohave Valley, AZ

APPLICANT: Filipina Elementary School Teacher in Laughlin, NV

Our client has an employer willing to do an I-140 Petition for her. Our client has a Bachelor’s degree in Elementary Education, a valid Arizona Teaching license, and has worked for her current employer since July 2014. Based on our client’s education and work background, she is eligible for EB-3 classification for her I-140 petition.  We were retained in June 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, our office filed the job order on October 14, 2019.  On January 10, 2020, we filed PERM. 

On July 29, 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 August 14, 2020.   

On December 21, 2020, the Department of Labor denied the PERM application due to non-receipt of the Audit response. In this case though, the 45-page audit response (including the audit, the cover letter, and all the supporting documents) was delivered by August 17, 2020, which was way before the deadline of August 31, 2020. Our office filed Motion to Reconsider to the Department of Labor on December 22, 2020. Eventually, on May 13, 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 June 10, 2021 via regular processing service. We also filed her I-485 adjustment of status application simultaneously since her priority date was current. On September 7, 2021, our office filed a premium processing upgrade request to the USCIS. On September 22, 2021, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE). On April 27, 2022, the I-485 adjustment of status applications for our client and her family members were approved by the USCIS. 

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CASE: EB-3 I-140

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Chemistry Teacher

LOCATION: Casa Grande, AZ

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 Arizona Teaching license, and has worked for her current employer since July 2016. Based on her education and credentials, our office determined that she is eligible for EB-3 classification for her 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 2, 2020.  On November 17, 2020, we promptly filed PERM. 

On June 16, 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 25, 2021.  On September 29, 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 October 29, 2021 via regular processing service. Eventually, on April 16, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE). 

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CASE: I-130 (Petition for Parent) and Adjustment of Status
CLIENT: Filipina
LOCATION: Laughlin, NV

Our client retained us to petition for his mother who came to the U.S. from the Philippines. Our client is a naturalized US citizen and his mother came to the United States in July 2021 with a B-2 visa from the Philippines. He contacted our office in August of 2020 and discussed with us regarding his I-130 petition and his mother’s adjustment of status application. After consultation, he retained our office on August 3, 2021. 

Our firm prepared and filed the I-130 Immigrant Visa Petition and the I-485 Adjustment of Status Application on September 9, 2021.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. On March 31, 2022, our client’s adjustment of status application was approved.

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CASE: EB-3 I-140

EMPLOYER: Public School District

BENEFICIARY: Filipina Elementary Special Education Teacher

LOCATION: Mohave Valley, AZ

Our client has an employer willing to do an I-140 Petition for her.  Our client has a Bachelor’s degree in Education, a valid Arizona Teaching license, and has worked for her current employer since July 2014. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification. 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 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 3, 2020.  On June 26, 2020, we filed PERM. 

On January 4, 2021, 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 January 29, 2021.   On May 20, 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. We included the job offer letter, employee’s W-2, and other supporting documents.

The I-140 Petition was filed on June 25, 2021 via regular processing. On March 21, 2022, our office filed an I-907 premium processing upgrade request to the USCIS. On April 4, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE). 

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                      

LOCATION: Katy, TX 

Our client is from the Philippines who came to the U.S. with a J-1 visa in January 2019. Her J-1 program was not subject to the two-year foreign residency requirement. In September 2020, our client is married her current U.S. citizen husband.  She retained our office on September 15, 2020 for her green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on November 17, 2020.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we prepared our clients via conference call. On February 15, 2022, our client was interviewed at the Houston, TX USCIS office. On April 6, 2022, her green card application was approved.

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