CASE:I-130/I-485

NATIONALITY: Philippines

LOCATION: Hillsboro, WI

Our client came to the U.S. as a J-1 teacher. She was subject to the two-year foreign residency requirement. Our client would like to file her adjustment of status application along with her U.S. Citizen husband’s I-130 petition; however, due to the two-year foreign residency requirement, she had to obtain a waiver first.

Unlike our other J-1 clients, our client could not pursue her waiver under the No Objection Statement or Interest Government Agency (IGA). Our client though would like to pursue her J-1 waiver based on the exceptional hardship standard. 

According to 8 C.F.R. Section 212.7(c)(5), “an alien who is subject to the foreign residence requirement and who believes that compliance therewith would impose exceptional hardship upon her spouse or child who is a citizen of the United States… may apply for a waiver on Form I-612.” 

Some of the factors in analyzing hardship are as follows: age of the subject, family ties in the U.S. and abroad, length and residency in the U.S., health / medical conditions, conditions in the country of removal – economic and political, financial status – business and occupation, position in / ties to the community. Matter of Anderson, 16 I&N Dec. 596 (BIA 1978). 

After she retained our firm, we prepared and filed a waiver request through the exceptional hardship basis. On April 26, 2019, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared an affidavit for our client, an extensive brief in support of our client’s J-1 waiver application, and other supporting documents. Our client provided us with extensive medical documents and doctor’s reports for her U.S. citizen husband’s medical conditions.  On May 9, 2019, our office filed the I-612 application to the USCIS. 

The USCIS issued a Request for Evidence (RFE) on March 16, 2020. Our office prepared the Response to RFE and filed it to the USCIS on May 22, 2020. Eventually, the USCIS approved his I-612 waiver on December 8, 2020. 

Once her J-1 waiver was approved, our client retained our office again for her and her son’s adjustment of status applications. Our firm prepared and filed the I-130 Petitions and I-485 Adjustment of Status Applications on January 19, 2021.  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 through conference calls. On April 7, 2022, our clients were at the Minneapolis, MN USCIS office.  The interview went well, and eventually, on the same day of the interview, the green card applications were approved.

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CASE: I-485 Adjustment of Status

APPLICANT: Filipina Elementary School Teacher

LOCATION: Tucson, AZ

Our client has an employer willing to file an I-140 Petition for her. She has a Bachelor’s degree in Elementary Education, a valid Arizona Teaching license, and has worked for her current employer since July 2017. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client retained us in September 2018.

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 April 8, 2019.  On August 7, 2019, we filed PERM. 

On January 7, 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 January 23, 2020.  Eventually, on June 16, 2020, 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 July 24, 2020 via regular processing service. We also filed her I-485 adjustment of status application simultaneously since her priority date was current. On January 22, 2021, the USCIS issued the Request for Evidence (RFE) for our client’s teaching license copy. Our office immediately filed the RFE response. On March 18, 2021, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).  Eventually, on March 28, 2022, the USCIS approved our client’s I-485 adjustment of status application. Now she is a green card holder.

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CASE: Marriage-Based Adjustment of Status

CLIENT: Filipina

LOCATION: Port Clinton, OH

Our client came to the United States from the Philippines in September 2021. She married a U.S. Citizen in December 2021. Her husband filed an I-129F fiancée petition for her in 2020; but due to the COVID-19 pandemic, her K-1 visa interview was not scheduled. She retained our office on January 2, 2022, for her green card application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 10, 2022. 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 March 29, 2022, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu, Esq. from our office accompanied our clients. On March 30, 2022, our client’s green card application was approved.

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CASE: PERM Labor Certification

EMPLOYER: Heavy Equipment Rental Company

BENEFICIARY: Filipino Warehouse Supervisory Training Specialist

LOCATION: Christiansted, VI

Our client is from the Philippines. His prospective employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Education. His employer can petition him as a Warehouse Supervisory Training Specialist. Based on our client’s education and work background, our office determined that he is eligible for EB-3 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 November 17, 2020, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on April 15, 2021.  On September 24, 2021, we filed PERM. On March 30, 2022, the PERM Labor Certification was approved – an EB3 position for the Filipino beneficiary. Now our client can file the I-140 petition.

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CASE: EB-3 I-140

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Biology Teacher

LOCATION: Casa Grande, AZ

Our client has a current employer willing to do an I-140 Eb3 Petition for her.  Our client has a Bachelor’s degree in Secondary Education, a valid Arizona Teaching license, and has worked for her current employer since September 2017. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us on May 4, 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 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 9, 2020.  On November 24, 2020, we promptly filed PERM. Eventually, on June 7, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. 

We then proceeded with the I-140 Petition. 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 June 25, 2021 via regular processing service. Eventually, on March 18, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE). 

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

EMPLOYER: Hospital

BENEFICIARY: Filipino Registered Nurse

Our client’s beneficiary is a registered nurse from the Philippines who is currently working in the UAE. His prospective U.S. employer was willing to petition him for a third-preference employment immigrant visa petition (I-140). 

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 Bachelor’s of Nursing degree and has passed NCLEX exam. Our firm told him that his employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on May 4, 2020, and started on his Prevailing Wage Request.

We filed the I-140 application on November 5, 2020 via premium processing service. We included the job offer letter, the notice of filing, and other necessary supporting documents.

Eventually, on November 17, 2020, the I-140 was approved. 

Once his I-140 was approved, our client retained our office again for his immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on December 18, 2020, who in turn forwarded the client’s materials to the U.S. Embassy in Abu Dhabi, UAE. An interview notice was set for the client at the U.S. Embassy in UAE. On January 20, 2022, our client appeared at the U.S. Embassy in Abu Dhabi, UAE. Eventually, on March 16, 2022, the Embassy approved and issued his immigrant visa. 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: I-751

APPLICANT: Filipina

LOCATION: Travelers Rest, SC

Our client contacted our office in May of 2020 regarding her I-751 application.

She is from the Philippines and she married a U.S. citizen in November 2017. Through her marriage, she obtained a 2-year conditional green card in October 2018.  Her conditional residency terminated in October 2020.

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 May 18, 2020 and our office prepared the I-751 application.

On July 31, 2020, our office filed the I-751 application to the USCIS. On March 15, 2022, the USCIS approved our client’s I-751 application without any Request for Evidence (RFE). Our client received her 10-year green card which removed the conditions.

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CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina Special Education Teacher

LOCATION: McIntosh, SD

Our client has an employer who was filling to file an I-140 Petition for her.  Our client has a Bachelor’s degree in Special Education, a valid South Dakota Teaching license, and has worked for her current employer since August 2018. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in June 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 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 February 11, 2021.  On June 17, 2021, we filed PERM. 

On November 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 December 14, 2021.   

Eventually, on March 21, 2022, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. Our client can file the I-140 petition at any time.

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse in the UAE

LOCATION: Houston, TX

Our client is Filipina registered nurse who currently works in the UAE. 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 a Texas Registered Nurse 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 June 10, 2021 and we started on her Prevailing Wage Request. Her PW request was filed on June 16, 2021. 

We filed the I-140 application on February 10, 2022 via premium processing. We included the job offer letter, the notice of filing, financial ability to pay letter, and other necessary supporting documents. Eventually, on February 24, 2022, our client’s I-140 petition was approved without any Request for Evidence (RFE). Now, our client can file an immigrant visa application based on the approved I-140 petition.

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CASE: I-751

APPLICANT: Filipina

LOCATION: Abilene, TX

Our client contacted our office in March 2021 regarding her I-751 application.

She is from the Philippines and she married a U.S. citizen in June 2018. Through her marriage, she obtained a 2-year conditional green card in August 2019.  Her conditional residency terminated in August 2021.

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 March 23, 2021 and our office prepared the I-751 application for our client.

On May 18, 2021, our office filed the I-751 application to the USCIS. On March 2, 2022, the USCIS approved our client’s I-751 application without any Request for Evidence (RFE). Our client received her 10-year green card which removed the conditions.

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