CASE: I-140 (EB-2)    
EMPLOYER:  Civil Engineering Company in California
BENEFICIARY: Filipino Building Project Engineer Manager

Our client is from the Philippines. His prospective employer was willing to do an immigration petition for him, second-preference. Our client has a Bachelor’s degree in Civil Engineering and has more than 5 years of work experience as a Design and Structural Engineer. After talking to our client, our firm concluded that his employer can petition him as a Building Project Engineer Manager. Based on our client’s education and work background, our office determined that he is clearly eligible for EB-2 classification.

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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On January 30, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on April 26, 2017. On September 18, 2017, we promptly filed PERM. Eventually, on March 8, 2018, the PERM Labor Certification was approved – an EB2 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, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on April 13, 2018 via premium processing service. Eventually, on April 19, 2018, the I-140 EB2 Petition for our Filipino client was approved without any Request for Evidence (RFE).

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipino

LOCATION: Houston, TX

Our client’s beneficiary is a registered nurse from the Philippines licensed in the state of Texas. He came to the United States on an F-1. 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 worked for the sponsor-employer. Our firm told him that his employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on March 12, 2015 and started on his Prevailing Wage Request.

We filed the I-140 application on June 3, 2015 via regular 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 October 7, 2015, the I-140 was approved.

Once his I-140 petition was approved, he retained our office again and determined to file an adjustment of status application for him. On September 12, 2017, 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 April 2, 2018, our client was interviewed at Houston Texas USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on April 4, 2018, his green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Cincinnati, Ohio

Our client contacted us in May 2016 to seek legal representation for her naturalization and citizenship N-400 application. She came to the United States from the Philippines and obtained her green card in May 2009. She retained our office for her naturalization and citizenship N-400 application on May 16, 2016. She was concerned about her previous domestic violence case which was vacated later by the Court. Because of this domestic violence case, she was also placed in removal proceedings; but, her proceedings were terminated after her conviction was vacated. Nevertheless, our client has a clean record besides the aforementioned vacated conviction, so she should not be ineligible for her naturalization.

The naturalization and citizenship N-400 application was filed on May 24, 2016 with all supporting documents. Our office prepared her before her naturalization interview, and our client appeared on her interview on November 7, 2016 at the Cincinnati CIS office. Our client passed her naturalization and citizenship N-400 interview. However, her N-400 case remained pending due to her former criminal conviction record. The USCIS officer asked our client to submit a certified copy of her vacated conviction record. We filed the RFE response to the Cincinnati USCIS Field Office in February 3, 2017.

Eventually, her naturalization application was approved on March 22, 2018. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

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CASE: I-140 (Derivative Beneficiary) and Adjustment of Status

CLIENT: Filipina

LOCATION: Houston, TX

Our client retained us for her green card application. Our client was born and raised in the Philippines. Her husband became a beneficiary of the approved EB-2 I-140 petition from his employer and got his green card in January 2016. She could have been a derivative applicant at the time of her husband’s green card filing, but she was not in the United States at that time. Nevertheless, we explained to our client that we can do I-824 and consular processing for her when she wants to permanently move to the United States.

In February 2016, her husband contacted our office to do an I-824 follow-to-join application to the USCIS so that our client can file an immigrant visa and come as a derivative beneficiary of the I-140 petition. He retained our office on February 26, 2016, to help bring our client to the States.

After we were retained, our office filed an I-824 follow-to-join application to the USCIS on March 8, 2016.  After the I-824 was filed, everything went smoothly and the receipt notice came on time. The I-824 application was approved by the USCIS on August 22, 2016, and this case was transferred to the National Visa Center.

Nevertheless, in January 2017, our client visited the United States with her B-2 visitor’s visa. Once she came to the United States, she asked our office whether she can file adjustment of status application (instead of filing immigrant visa in the Philippines) in the United States. She retained our office for her adjustment of status process.

Once retained, our firm prepared and filed the Adjustment of Status Application on March 17, 2017, for our client.  Everything went smoothly and the receipt notices, fingerprint appointment, and a work permit all came on time. In December 2017, the USCIS schedule our client’s adjustment of status interview at Houston USCIS Field Office.

Prior to the interview, we thoroughly prepared our client through conference calls.  On January 22, 2018, our client was interviewed at the Houston USCIS Field office in Texas.  Eventually, on February 26, 2018, her green card application was approved.

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CASE: PERM Labor Certification

EMPLOYER: Public Schools District

BENEFICIARY: Filipina Speech Language Pathologist

LOCATION: Kansas

Our client has a current employer that was willing to petition her for a second-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 clearly 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. Since her priority date is current, our client can file the I-140, I-485 green card application, and I-765 simultaneously.

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CASE: H-1B Extension

PETITIONER: Elementary School

BENEFICIARY: Filipina Elementary School Teacher

LOCATION: New Mexico

Our client is a public grant elementary school for Native Indians in New Mexico. They contacted our office to seek assistance for their foreign employee. The beneficiary is from the Philippines and she obtained her Bachelor’s degree in English. The proffered position for the Beneficiary is an elementary school teacher which we argued qualifies as a specialty occupation.

The foreign beneficiary in this case already had her H-1B from our client last year.  She also has an approved I-140 petition which allows her to get three year extension. Her H-1B status was not yet expired, and she wanted to extend her H-1B status.

After retention, our office promptly filed the H-1B visa petition with various supporting documents on December 13, 2017 via regular processing.  Since this petition was based on an extension, this petition was exempt from the annual cap of the H-1B. Thus, we could file prior to April 1, 2018.  Eventually, our client’s H-1B Petition was approved on March 8, 2018 without any RFE. Now the Beneficiary can work for her Petitioner-Employer as an H-1B visa holder and she can continuously work there.

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CASE: PERM Labor Certification    
EMPLOYER:  Civil Engineering Company in California
BENEFICIARY: Filipino Building Project Engineer Manager

Our client is from the Philippines. His prospective employer is willing to do an immigration petition for him, second-preference. Our client has a Bachelor’s degree in Civil Engineering and has more than 5 years of work experience as a Design and Structural Engineer. After talking to our client, our firm concluded that his employer can petition him as a Building Project Engineer Manager. Based on our client’s educational, professional and working backgrounds, our office determined that he is clearly eligible for EB-2 classification.

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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On January 30, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on April 26, 2017. On September 18, 2017, we promptly filed PERM. Eventually, on March 8, 2018, the PERM Labor Certification was approved – an EB2 position for the Filipino beneficiary. Now our client can file the I-140 petition.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                       

LOCATION: Jacksonville, FL

Our client is from the Philippines who came to the U.S. on a H-1B visa in December 2015. In November 2016, our client married her current 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 August 30, 2017.  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 February 13, 2018, our client was interviewed at the Jacksonville Florida USCIS office. Eventually, on the same day of her interview, her green card application was approved.

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

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipino Nurse Manager in the Philippines

LOCATION: Manila, Philippines

Our client is in the Philippines. 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 master’s degree in nursing and years of experience as a registered 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 July 6, 2017 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 July 17, 2017, the USCIS Texas Service Center approved his EB-2 I-140 petition.

After the approval of the I-140 petition, our client retained us again for his immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on September 13, 2017, 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 February 6, 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 he will get his green card within two months of entry.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                      

LOCATION: Cleveland, Ohio

Our client is from the Philippines who came to the U.S. on a J-1 exchange visitor’s visa in November 2016. Her J-1 program did not subject her to the 2-year foreign residency requirement (INA Section 212(e)).  In October 2017, our client married her current U.S. citizen husband.  Once she married, 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 November 20, 2017.  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 as well. On February 1, 2018, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on the same day of her interview, her green card application was approved.

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