CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition

Our client is a Lawful Permanent Resident (Green card holder) who married his wife in Seoul, South Korea in July 2014.  After the marriage, he came back to the United States to work and filed the I-130 (F-2A category) petition for his wife in South Korea. This I-130 Petition was approved by the USCIS in January 2015 (the priority date of this petition was August 4, 2014). Once the I-130 petition was approved, he contacted our office and retained us to bring his wife to the States via consular processing.

Once retained and her priority date became current, we filed the immigrant visa packets to the National Visa Center on June 14, 2016, who in turn forwarded our client’s materials to the U.S. Embassy in Seoul, South Korea. An interview notice was set for the client at the US Embassy in Seoul, and we prepared her for the interview. On September 8, 2016, the interview was conducted.  Eventually, after the interview, the U.S. Embassy in Seoul, South Korea approved and issued her immigrant visa.

With the approved immigrant visa, our client’s wife can come to the United States immediately, and she will get her green card within two months of entry.

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

CLIENT: Filipino

LOCATION: Houston, TX

Our client retained us for his green card application. Our client was born and raised in the Philippines, and has maintained his non-immigrant status lawfully in the United States. His wife became the beneficiary of an approved EB-3 I-140 petition from her employer. Thus, our client could file his I-485 adjustment of status application once the priority dates become current.  Our office was retained on April 6, 2015.

Once retained, our firm prepared and filed the Adjustment of Status Application on April 24, 2015.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time.  However, the priority date retrogressed in 2015 for our client’s case and his adjustment of status application remained pending.

On June 6, 2016, the USCIS issued a Request for Evidence for our client and asked him to submit any evidence to prove his lawful status in the United States from his last. Our office gathered the evidence from our client, prepared the response, and filed the Response to RFE on June 28, 2016. Eventually, on July 8, 2016, our client’s adjustment of status application was approved. Now, he is a green card holder.

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CASE: Asylee Adjustment of Status
CLIENT: Saudi Arabian
LOCATION: Dallas, Texas

Our client came to the United States from Saudi Arabia with a B-2 visitor’s visa, and through our legal assistance, he won his asylum application in December 2014.

Under the Immigration and Nationality Act, an asylee may apply for lawful permanent resident status after he or she has been physically present in the United States for a period of one year after the date he or she was granted asylum status. Around February 2016, one year after he got his asylee status in the United States, our client contacted our office again and sought legal assistance for his adjustment of status.  We prepared and filed his I-485 Adjustment of Status Application on March 30, 2016. Everything went smoothly and the receipt notice and fingerprint appointment all came on time. On June 9, 2016, the USCIS approved our client’s Adjustment of Status application. He is now a permanent resident of the United States.

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

EMPLOYER: Hospital

BENEFICIARY: Mexican Registered Nurse

LOCATION: Texas

Our client’s beneficiary is a registered nurse from Mexico licensed in the state of Texas. She came to the United States and currently works in the United States on her TN visa.  Her current employer was willing to petition her for a third-preference employment immigrant visa petition (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 Bachelor’s of Nursing degree from a U.S. institution and has worked for the sponsor-employer. Our firm told her that her employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on December 2, 2015 and started on her Prevailing Wage Request.

We filed the I-140 application on March 23, 2016 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents.  However, on April 4, 2016, the USCIS issued a Request for Evidence (RFE) and requested our client to submit documents to prove her employer’s “ability to pay”. Our client’s employer provided a federal corporate tax record and other documents to demonstrate that they have the ability to pay our client’s proffered wage. Our office filed the response to RFE on April 29, 2016. Eventually, the I-140 was approved on May 11, 2016. Our client can file her I-485 adjustment of status application once her priority date becomes current.

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

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 in 2013 and now she holds her F-1 student status, and her prospective employer was willing to petition her for a third-preference employment immigrant visa petition (I-140). Our client also has an approved EB-3 I-140 petition with a priority date of July 2007.

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.

Also, under 8 CFR 204.5(e):

“Retention of section 203(b)(1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.”

As mentioned above, our client’s approved I-140 petition was not denied, was actually approved, and was never revoked at any point. Thus, by virtue of 8 CFR 204.5(e), this succeeding I-140 Petition by our client’s prospective employer for our client is entitled to the previous priority date.

Our client has a nursing degree and has several years of related experience. Our firm told her that her potential employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on July 28, 2014 and started on her Prevailing Wage Request.

We filed the I-140 application on September 12, 2014 via premium processing. We included the job offer letter, the notice of filing, her previous I-140 approval notice, and other necessary supporting documents.  Eventually, on September 24, 2014, the I-140 was approved and it retained our client’s old priority date.

Then, we proceeded with our client’s I-485 adjustment of status application. We prepared and filed our client’s adjustment of status application along with supporting documents to USCIS on December 12, 2014.

The priority dates of the Eb-3 category for Philippine nationals backlogged. Our client had to wait until the priority date became current. In April 2016, her priority date became current. Eventually, our client’s adjustment application was approved by the USCIS on April 13, 2016.  After a long wait, our client is finally a green card holder.

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

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipino

LOCATION: Beneficiary: Philippines / Petitioner: Houston, TX

The beneficiary 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. 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 February 26, 2016 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.

However, on March 10, 2016, the USCIS Texas Service Center issued Request for Evidence (RFE) and requested our client to submit his prospective employer’s most recent tax return record and his degree evaluation report. Our office prepared the response and filed the Response to RFE on March 14, 2016. Eventually, on March 25, 2016, the USCIS Texas Service Center approved his EB-2 I-140 petition. Now, with the approved EB-2 I-140 petition (priority date for EB2 Philippine nationals is current), he can file an immigrant visa in the Philippines.

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

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipino

LOCATION: Beneficiary: Thailand / Petitioner: Houston, TX

Our Filipino client is currently working in Thailand as a nurse coordinator. 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 progressive 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 5 years of experience as a nurse coordinator and a coordination 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 February 16, 2016 via premium processing. We included a job offer letter, the notice of filing, employment letters, 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 March 2, 2016, the USCIS Texas Service Center issued the Notice of Intent to Deny (NOID) for our client’s I-140. The USCIS alleged that our client’s past experience was not progressive in nature. We submitted new past experience letters showing that they were indeed progressive in nature and submitted the response to NOID on March 11, 2016.

Eventually, on March 17, 2016, the USCIS Texas Service Center approved his EB-2 I-140 petition. Now, with the approved EB-2 I-140 petition (priority date for EB2 Philippine nationals is current), he can file and obtain an immigrant visa.

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CASE: I-485 Based on Approved I-140 / National Interest Waiver

CLIENT: Korean Radio Frequency Researcher

LOCATION: Dallas, Texas

Our client contacted us in July 2014 about the possibility of doing a National Interest Waiver. He is a research professor in the field of electrical engineering and radio frequency research, and is currently working as a research professor in Dallas, Texas.

His significant contributions have placed him at the pinnacle of the field of radio frequency research. He is a leading researcher and engineer in the field; specifically, Radio Frequency Integrated Circuit (RFIC) design and microwave research.  Our client’s research on RFIC has led to important innovations in his field of endeavor. Throughout his career, our client has provided innovative solutions and contributions for various areas of the microwave engineering from semiconductor device modeling and measurements to complex system-on-a-chip design which were highly evaluated by 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 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. The landmark immigration case that discusses the standards for NIWs is Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm.1998). This case held that the qualifying applicant must show the following elements in his or her I-140 NIW petition: First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Next, it must be shown that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U. S. worker having the same minimum qualifications.

Our office prepared a 19-page brief for our client’s NIW filing. Our client also obtained 6 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication record, presentation record, and conference materials in the NIW application. We demonstrated the intrinsic merit of our client’s research in the United States, the national scope of his research, and asserted that our client would serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. His NIW application contained 46 exhibits (Exhibit A to TT).

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on May 6, 2015. On November 30, 2015, the USCIS approved his I-140 petition without any Requests for Evidence.  

Once the I-140 petition was approved, our client retained our office again for his I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on December 8, 2015. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on March 3, 2016, the USCIS Texas Service Center approved our client’s adjustment of status application. Now, he finally is a green card holder.

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CASE: I-751

APPLICANT: Filipina

LOCATION: Houston, TX

Our client contacted our office in May of 2015 regarding her I-751 application.

She is from the Philippines and she married a U.S. citizen in March 2013. Through her marriage, she obtained a 2-year conditional green card in September of 2013. Our office helped her in the green card process.  Her conditional residency terminated in September 2015.

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 June 1, 2015 and our office prepared an I-751 application for our client with supporting documents.

On June 15, 2015, 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, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeksr. However, the USCIS issued a Request for Evidence (RFE) to demonstrate the bona fideness of our client’s marriage with her husband. We filed an extensive Response to RFE to the USCIS with more bona fide marital documents on January 29, 2016.

Eventually, on February 22, 2016, the USCIS approved our client’s I-751 application.

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CASE: Motion to Terminate Removal Proceedings Based on an Approved I-130 Immediate Relative Spousal Petition

CLIENT: Nepalese

LOCATION: Houston, TX

Our client is a Nepalese citizen who came to the U.S. on an F-1 Student Visa.   Our client and his wife married in August 2013.  When they married, our client’s wife was a green card holder. Our client’s wife filed the I-130 petition for our client in August 2013 and it was approved by the USCIS later. Our client filed his adjustment of status application along with the I-130 petition, but it was denied due to his failure to maintain his status. After his I-485 adjustment of status application was denied, a Notice to Appear was issued against our client, and he was placed into removal proceeding.

His wife became a naturalized U.S. citizen in July 2015. Our client contacted our office and consulted with us for his potential relief. Based on the approved I-130 and his wife’s recent naturalization, we determined that we could file a joint motion to terminate his proceedings. Our client retained our office on July 15, 2015.  

On July 27, 2015, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents. However, we did not get any response from the Houston DHS office regarding their consent to terminate our client’s proceedings. We then filed with the Immigration Court and since the DHS did not oppose, the Immigration Judge granted the Motion to Terminate Removal Proceedings without prejudice on January 27, 2016.

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