CASE: Fiancé Visa

PETITIONER: US Citizen in Houston, TX

BENEFICIARY: Filipina

PETITION FILED: June 5, 2017

PETITION APPROVED: January 2, 2018

K-1 VISA APPROVED: April 6, 2018

Our client, a US Citizen Petitioner, has known his fiancée since 2016. They started their relationship, and he visited the Philippines in September 2016.  In February 2017, our client went back to the Philippines to see his fiancée. They got engaged and our client decided to file a fiancé petition for his fiancée.  He retained our firm to file a fiancé petition for her on May 17, 2017.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. We helped her and her fiancé draft letters in support of the fiancé petition, and we filed the petition on June 5, 2017.

On January 2, 2018, the I-129F fiancée petition was approved. On April 6, 2018, our client’s fiancé appeared at the U.S. Embassy in Manila, Philippines for her K-1 visa interview. The interview went well, and the U.S. Embassy issued her K-1 visa. With the issued K-1 visa, our client’s fiancée came to the United States and married our client in May 2018. She already filed her adjustment of status application to the USCIS.

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CASE: I-140 (EB-1C Category: Executives and Managers of Multinational Organizations)

EMPLOYER: Multinational Travel Company

BENEFICIARY: Filipino

LOCATION: Las Vegas, NV

Our client is the president of a multinational travel company in Las Vegas.  He is from the Philippines, and he has worked for the parent company as an Executive. He came to the United States in January 2015 on an a L-1A visa to work for the current petitioner company (wholly-owned subsidiary of his previous employer).  He contacted our firm in August 2017, and discussed with us his chances of getting a green card. Based on our client’s education and professional background and his current position at the worksite, our office determined that he was eligible for the EB-1C classification. Our client eventually retained us for his I-140 and subsequent I-485 adjustment of status application.

An employer can petition for its foreign employee under INA § 203(b)(1)(C) if it demonstrates the following: (C) Certain multinational executives and managers – An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien’s application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.

According to the INA §101(a)(44), 8 U.S.C. §1101(a)(44) and 8 C.F.R §204.5(j)(2), “executive capacity” means an assignment in an organization in which the employee primarily: (1) Directs the management of the organization or a component or function; (2) Establishes goals and policies; (3) Exercise wide latitude in discretionary decision making; and (4) Receives only general supervision or direction from higher level executives, board of directors or stockholders.

Also, above the mentioned statutes define “managerial capacity” as an assignment with the organization in which the employee personally: (1) Manages the organization, department, subdivision, function or component; (2) Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization or department or subdivision of the organization; (3) Has authority to hire and fire or recommend personnel actions (if another directly supervises employees), or if no direct supervision, functions at a senior level; and (4) Exercises discretion over day-to-day operations of the activity or function.

After our office was retained, we prepared a thorough cover letter and obtained all necessary supporting documents from our client and the petitioning company. In our brief, we clearly demonstrated that our client met the requirements set forth in the INA §203(b)(1)(C).  First, the prospective U.S. employer (Petitioner-Company) has been doing business for at least 1 year. Second, the prospective employer (Petitioner) in the United States is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien was employed abroad.  Third, if the worker is already employed in the United States, he or she was employed outside the United States for at least 1 year in the 3 years preceding admission as a non-immigrant in an executive or managerial capacity by the petitioner or by its parent branch, subsidiary, or affiliate. Last, the alien is to be employed in the United States in a managerial or executive capacity.

In this case, the Petitioner-company has been doing business for 3 years in the United States. In addition, Petitioner-Company is the wholly-owned subsidiary of its Filipino parent company where our client was employed for 6 years. Moreover, our client was employed outside the U.S. for at least 1 year in the 3 years preceding admission as a non-immigrant in an Executive or Managerial Capacity by the Petitioner’s parent company in the Philippines.  Our client served as an executive for the parent company. Lastly, our client is to be employed in the United States as a president for the petitioner.

On the application package, we included a detailed job offer letter, employment verification letter from our client’s previous employer (parent company), an organization chart, and a dispatch order.  Also, we included evidence regarding the relationship between the Petitioner-Company and its Parent company in the Philippines. The evidence included a copy of the certificate of ownership, a copy of the articles of incorporation, a copy the business registration certificate, a copy of the financial statements.  The I-140 Petition was filed on September 11, 2017. On July 11, 2018, the I-140 petition was approved with no Requests for Evidence.

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CASE: I-140 / National Interest Waiver

CLIENT: Filipino

LOCATION: Irvine, CA

Our client contacted us in January 2018 about the possibility of doing a National Interest Waiver self-petition. He is a researcher from the Philippines and he is an exceptional researcher and scientist in the field of Hydrology, Geomorphology, Ecology, and Physics.

Our client’s significant contributions have placed him at the pinnacle of his field. He has developed a rigorous quantitative framework based on spectral graph theory to study delta channel network connectivity and demonstrated its value in computing delta’s steady state fluxes and identifying upstream (contributing) and downstream (nourishment) areas and fluxes from any point in the network.  Because of his innovative experimental research, our client’s research works were highly evaluated by the reviewers of various journals and by colleagues and experts in the field.

Upon review of his credentials and qualifications, our office determined that he was definitely qualified for the National Interest Waiver (NIW) category. Being qualified for NIW is beneficial since you would not need an employer nor family member to petition for you for green card purposes. You’d be eligible for a self-petition and unless you are from China or India, in which case you’d still have to wait for priority dates to be current, you would be eligible to apply for adjustment of status (green card) immediately without any lag in priority dates.

As a primer, NIW applicants must have a master’s or higher degree. While we prepared his case, the AAO set the new standards for NIW cases in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Under the new standard, the petitioner must demonstrate that the foreign national’s proposed endeavor has both substantial merit and national importance. Next, it must be shown that he or she is well positioned to advance the proposed endeavor. Finally, the petitioner seeking the waiver needs to demonstrate that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Id.

Our office prepared a 27-page brief for our client’s NIW filing. Our client also obtained 6 letters of recommendation from his colleagues and internationally-recognized researchers. Our office also included his publication records, presentation records, and conference materials in the NIW application. We demonstrated that our client is one of the few elite researchers who have made significant and substantial contributions to his field of endeavor, that he is well positioned to advance the proposed endeavor, and it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification for our client.

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on February 15, 2018. Eventually, on July 13, 2018, the USCIS approved his I-140 petition without any Requests for Evidence.  When we filed his I-140, he concurrently filed his I-485 adjustment of status application. His adjustment of status application will be approved soon as well.

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CASE: I-485 based on Approved I-140 (EB-3)

APPLICANT: Filipino

LOCATION: Newark, NJ

Our client came from the Philippines with a B-2 visitor’s visa in January 2017. He is a registered nurse in the Philippines and has an approved EB-3 I-140 petition from his prospective employer with a 2008 priority date.  While he was staying in the United States as a visitor, his priority date became current. He contacted our office to determine whether he can file his adjustment of status.

He retained us for his I-485 adjustment of status application on April 6, 2017. Our office filed an I-485 adjustment of status application for our client on April 13, 2017. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference call as well. On May 22, 2018, our client was interviewed at Newark, NJ USCIS office. Eventually, on June 18, 2018, his green card application was approved.

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

EMPLOYER: Health Service Ambulatory Facility

BENEFICIARY: Filipina Nurse Manager

LOCATION: Saipan, Northern Mariana Islands

Our client is a Filipina nurse manger and her current 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 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 more than 5 years of experience as a staff nurse. She also has a registered nursing license in Northern Mariana Islands. 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 October 18, 2017 via regular 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.

However, on May 14, 2018, the USCIS issued Request for Evidence (RFE) and requested Petitioner’s most recent tax records to prove its “ability to pay.” Our office filed the Response to RFE on June 7, 2018.

Eventually, on June 26, 2016, the USCIS Texas Service Center approved her EB-2 I-140 petition. Now, with the approved EB-2 I-140 petition (priority date for EB2 Philippines nationals is current), she can file her adjustment of status application.

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CASE: I-751

APPLICANT: Filipina

LOCATION: New York, NY

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

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

To comply with immigration requirements, our client and her spouse had to file an I-751 Joint Petition to Remove Conditions. She retained our office on March 6, 2017, and our office prepared an I-751 application for our client with other supplemental exhibits.

On April 11, 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, joint tax documents, and photos of our client and her spouse to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. Eventually, on May 21, 2018, the USCIS approved our client’s I-751 application without any Request for Evidence (RFE).

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CASE: I-140 (EB-2)

EMPLOYER: Public Schools District

BENEFICIARY: Filipina Speech Language Pathologist

LOCATION: Kansas

Our client has a current employer who was willing to petition her for a third-preference petition (I-140).  Our client has a master’s degree in speech language pathology, a valid Kansas speech language pathologist license, and has worked for her current employer since August 2014. 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 promptly 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). She can file an immigrant visa via consular processing since her priority dates are current.

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CASE: I-140 (EB-3 Category) / 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 on 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. Now, our client can file an I-485 adjustment of status application based on the approved I-140 petition when her priority dates become current.

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CASE: I-130 and Consular Processing
CLIENT: US Citizen Petitioner; Filipino Beneficiary
LOCATION: Petitioner: New Mexico; Beneficiary: Manila, Philippines

Our client is a U.S. citizen who married a Filipina lady in New Mexico in 2015. As our previous success story shows, our client’s Filipina wife got her green card through our office’s legal assistance in November 2015.  

Our client’s wife has a son in the Philippines.  Thus, after his wife got her green card, our client decided to petition for his step-son in the Philippines for an immigrant visa. He contacted our office again in November 2015 and retained our office to help bring his step-son to the States.  It is important to note that an alien cannot adjust his or her status (get a green card) outside the U.S. by filing an I-130 and I-485 simultaneously. Since the client’s step-son was not in the United States, our office promptly filed the I-130 petition to the USCIS first on December 13, 2016.

After the I-130 was filed, everything went smoothly and the receipt notices came on time. The I-130 Petition was approved by the USCIS on December 1, 2017. After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on January 8, 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’s step-son. On March 19, 2018, the beneficiary went to his interview in Manila. Eventually, on April 16, 2018, the U.S. Embassy in the Philippines approved and issued his immigrant visa.

With the approved Immigrant visa, our client’s step-son can come to the United States immediately, and he will get his green card.

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CASE: PERM Labor Certification

EMPLOYER: Public Schools District

BENEFICIARY: Filipino Speech Language Pathologist

LOCATION: North Dakota

Our client has a current employer that was willing to petition him for a second-preference petition (I-140).  Our client has a master’s degree in speech language pathology, a valid North Dakota speech language pathologist license, and has worked for his current employer since August 2015. Based on our client’s education and work background, our office determined that he is eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us in March 2017.

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 June 20, 2017. On December 13, 2017, we promptly filed PERM.

Eventually, on April 26, 2018, the PERM Labor Certification was approved – an EB2 position for the Filipino beneficiary. Since his priority date is current, our client can file the I-140, I-485 green card application, and I-765 simultaneously.

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