CASE: I-140 (EB-3)

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Math 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 August 2015. Based on her education and credentials, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client retained us in September 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 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 February 10, 2020.  On April 20, 2020, we promptly filed PERM. 

On September 24, 2020, 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 October 16, 2020. Eventually, on March 22, 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 April 9, 2021 via regular processing. On January 27, 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)

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Physical Science 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 September 2015. Based on her education and credentials, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client retained us in September 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 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 February 7, 2020.  On April 16, 2020, we filed PERM. 

On September 24, 2020, 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 October 20, 2020.  On March 22, 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 April 9, 2021 via regular processing. On January 27, 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)

EMPLOYER: Public School District

BENEFICIARY: Filipino High School Physics Teacher

LOCATION: Casa Grande, AZ

Our client has a current employer that was willing to petition for him (I-140).  Our client has a Bachelor’s degree in Physics for Teachers, a valid Arizona Teaching license, and has worked for his current employer since August 2016. Based on his education and credentials, our office determined that he is eligible for EB-3 classification for his I-140 petition.  Our client retained us in April 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 August 13, 2020.  On November 9, 2020, we promptly filed PERM. 

On June 3, 2021, the Department of Labor issued an audit request. 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 14, 2021.  Eventually, on September 21, 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 October 22, 2021 via regular processing. On January 20, 2022, the I-140 EB3 Petition for our Filipino client was approved without any Request for Evidence (RFE). 

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CASE: H-1B Visa Petition

PETITIONER: School District in New Town, ND

BENEFICIARY: Filipina Elementary School Teacher

ISSUES: Cap-Exempt, Nonprofit Organization Affiliated with an Institution of Higher Education

Our client is a public school district affiliated with several institutions of higher education. They contacted our office in November 2021 to seek legal assistance from our office for their foreign employee. The beneficiary is an Elementary School Teacher from the Philippines who has been working for this employer for several years under J-1 status. The beneficiary’s J-1 program is not subject to the 2 year foreign residency requirement.  

The proffered position for the Beneficiary is an Elementary School Teacher. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Education or its equivalent.

In the first week of April, the numerical cap of H-1B visas for fiscal year 2022 was already reached. However, our client is qualified for cap-exempt petitions since it is a non-profit organization affiliated with an Institution of Higher Education as defined in 8 C.F.R. 214.2(h)(19)(iii)(B). 

Upon retention, our office filed the H-1B visa petition with various supporting documents on December 23, 2021 via premium processing. On January 13, 2022, the USCIS issued a Request for Evidence for our client’s petition. Our office filed the Response to RFE on the same day. Eventually, our client’s H-1B application was approved on January 25, 2022. She can now work for her employer for three years on an H-1B status.

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CASE: Adjustment of Status Based on Approved K-1 Visa

CLIENT: Filipina

LOCATION: Akron, OH

Our client came to the United States in September 2021 as a K-1 visa entrant from the Philippines.  Our client is the beneficiary of an approved I-129F petition. She got married within 90 days of her entry. By law, if you married your petitioner-fiancé within 90 days of your K-1 visa entry, you are eligible to apply for adjustment of status (green card) in the United States. She got married in September of 2021. 

Our client contacted our office initially and consulted with us for her adjustment of status application. She retained our office on September 17, 2021.  After retention, our firm prepared and filed the I-485 Adjustment of Status Application on September 24, 2021.  Things went smoothly and the receipt notices, and the fingerprint appointment all came on time.  

Thereafter, the USCIS scheduled an interview for our client’s adjustment of status application.  Prior to the interview, we thoroughly prepared our clients via conference calls. On January 25, 2022, our client was interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. On January 26, 2022, her green card application was approved.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipina

LOCATION: Jersey City, NJ

Our client contacted us in November 2020 to seek legal representation for her naturalization. She came to the United States from the Philippines and obtained her green card in December 2017 through her marriage to her US Citizen spouse. 

We filed her N-400 application on November 24, 2020 with all supporting documents. Prior to her citizenship interview, our office prepared her via conference calls.  On November 18, 2021, our client appeared at the Newark, NJ USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization interview. On  January 11, 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: Filipina                                                                                      

LOCATION: Cleveland, OH 

Our client is from the Philippines who came to the U.S. on a J-1 visa in October 2019. Her J-1 program was not subject to the two-year foreign residency requirement. In April 2021, our client married her U.S. citizen husband.  She retained our office on April 20, 2021 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 21, 2021.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients via conference call. On November 16, 2021, our client was interviewed at the Cleveland, OH USCIS office. Attorney Sung Hee (Glen) Yu, Esq. accompanied our clients. However, the USCIS requested an updated I-693 medical record after the interview. Our client got the updated I-693 medical record and submitted it to the USCIS office on November 22, 2021. On January 3, 2022, her green card application was approved.

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CASE: EB-3 I-485

APPLICANT: Filipino KRB Electronic Test Engineer

LOCATION: Maricopa, AZ

Our client had a prospective employer that was willing to petition for a third-preference I-140.  Our client has a Bachelor’s degree in Electronics Engineering and has worked for his current employer since September 2017. Based on our client’s education and work background, our office determined that he is eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us on December 12, 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 April 28, 2020.  On September 24, 2020, we promptly filed PERM. Eventually, on May 7, 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, employer’s tax records, and other necessary supporting documents. The I-140 Petition was filed on June 10, 2021 via premium processing service. Eventually, on June 24, 2021, the I-140 EB3 Petition for our Filipino client was approved without any RFE. 

Once his I-140 petition was approved, he retained our office again to file adjustment of status applications for him and his family members. On September 3, 2021, our office filed the I-485 adjustment of status applications for our clients. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on December 27, 2021, his green card application was approved without any RFE. His adjustment of status application was approved less than 3 months from the filing date.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Filipina

LOCATION: Hendersonville, NC

Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in July 2019.  She came with her mother who came on a J-1 Visa for her employment in the United States. Both were subject to the two-year foreign residency requirement, meaning they had to get a waiver or go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

She turned 21 in January 2021.  She wanted to file her I-485 adjustment of status application with her U.S. citizen spouse’s I-130 petition. However, because of her two-year foreign residency requirement, our client cannot adjust her status in the United States without the fulfillment of requirement or the waiver. 

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in January 2021.

Our firm was retained to do her J-2 waiver, and on September 15, 2021, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on November 18, 2021, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On December 15, 2021, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: EB-2 I-485

EMPLOYER: Public School District

APPLICANT: Filipina Elementary Special Education Teacher in Laughlin, NV

Our client has a current employer that was willing to petition for a second-preference I-140.  Our client has a Bachelor’s degree in Education, a valid Arizona Teaching license, and has more than 5 years of experience as a Special Education Teacher. 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 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 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 15, 2020.  On January 8, 2021, we filed PERM. On July 6, 2021, the PERM Labor Certification was approved without any audit – 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 July 29, 2021 via premium processing service. However, on August 5, 2021, the USCIS issued a Request for Evidence (RFE) and requested our client to submit her past experience verification letter from her former employer in the Philippines. Our office filed the Response to RFE on August 10, 2021. On August 19, 2021, the I-140 EB2 Petition for our Filipina client was approved. 

Once her I-140 petition was approved, she retained our office again for the adjustment of status applications for her and her immediate family members. On September 10, 2021, our office filed the I-485 adjustment of status applications. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on December 10, 2021, she and her family members’ green card applications were approved. Her adjustment of status application was approved within 3 months from the filing date.

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