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

CLIENT: Filipina

LOCATION: Fulshear, TX

Our client came to the United States in May 2020 as a K-1 visa entrant from the Philippines.  Our client is the beneficiary of an approved I-129F petition. She came to the United States as a K-1 Fiancée of a U.S. Citizen whom she 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 married in July 2020. 

Our client contacted our office initially and consulted with us for her adjustment of status application. She retained our office on August 11, 2020.  After retention, our firm prepared and filed the I-485 Adjustment of Status Application on August 25, 2020.  Things went smoothly and the receipt notices and fingerprint appointment all came on time.  

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 December 3, 2021, our client was interviewed at the Houston, Texas USCIS office. On the same day of the interview, her green card application was approved.

{ 0 comments }

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse in the Philippines

LOCATION: Houston, TX

Our client is a Filipina registered nurse who currently works in the Philippines. Her prospective employer was willing to petition for a third-preference employment immigrant visa 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 nursing degree and has a 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 May 4, 2021 and we started on her Prevailing Wage Request. Her PW request was filed on May 11, 2021. 

We filed the I-140 application on November 15, 2021 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 November 29, 2021, 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.

{ 0 comments }

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse 

LOCATION: Houston, TX

Our client is Filipina registered nurse (citizen of Canada) who currently works in Houston, Texas under a TN status. Her current 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 current employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on May 4, 2021 and we started on her Prevailing Wage Request. Her PW request was filed on May 7, 2021. 

We filed the I-140 application on October 29, 2021 via premium processing. We included the job offer letter, the notice of filing, financial ability to pay letter, and other necessary supporting documents. On November 10, 2021, our client’s I-140 petition was approved without any Request for Evidence (RFE). Now, our client can file an adjustment of status application based on the approved I-140 petition.

{ 0 comments }

CASE: I-140 (EB-3)

EMPLOYER: Care Center in Houston, TX 

BENEFICIARY: Filipino Information Technology Director in the Philippines

Our client has a prospective employer that as willing to petition for a third-preference I-140.  Our client has a Bachelor’s degree in Information Technology and currently works for an IT consulting company in the Philippines. 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 in February 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, the job order was filed on April 28, 2020.  On July 7, 2020, we promptly filed PERM.  Eventually, on February 11, 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 April 6, 2021 via regular processing service. Eventually, on October 25, 2021, the I-140 EB3 Petition for our Filipino client was approved without any Request for Evidence (RFE).

{ 0 comments }

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

EMPLOYER: Physicians’ Office

BENEFICIARY: Kenyan Nurse Practitioner

LOCATION: Houston, TX

Our client is a family nurse practitioner. Her prospective employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she is a family nurse practitioner, 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 Nurse Practitioner is included in Schedule A.

Our client has a Bachelors and Masters degree in nursing and is a certified Nurse Practitioner. Our office was retained on March 16, 2020 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on September 25, 2020 via premium processing. We included the 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 nurse practitioners must fall under the Schedule A designation.  Eventually, on October 14, 2020, the USCIS Texas Service Center approved her EB-2 I-140 petition without a Request for Evidence (RFE). 

Our client retained us again for her adjustment of status application. However, our office was informed that our client’s OPT was expired and she had continuously worked for her employer without the DHS’ authorization. Thus, she worked without authorization and overstayed her visa status. 

Section 245(k) of the Immigration and Nationality Act can render the normal bars to adjustment of status found in section 245(c)(2), (c)(7), and (c)(8) inapplicable to certain employment-based adjustment of status applicants who, since their last lawful admission to the United States have not, for an aggregate period of more than 180 days: 

1. Failed to maintain, continuously, a lawful status; 
2. Engaged in unauthorized employment; or 
3. Otherwise violated the terms and conditions of his or her admission

INA §245(k). 

An eligible derivative of an alien may benefit from section 245(k) in his or her own right if he or she has failed to maintain continuously a lawful status, worked without authorization, or otherwise violated the terms and conditions of his or her admission for an aggregate of 180 days or less pursuant to a lawful admission. 

(See page 2, Neufeld Memorandum July 14, 2008, “Applicability of section 245(k) to Certain Employment-Based Adjustment of Status Applications filed under Section 245(a). 

Our client has not accrued over 180 days of “failure to maintain lawful status” nor over 180 days of “unauthorized employment”, and as such, she was still eligible to adjust status based on the I-485 filing through INA 245(k).

As mentioned above, our office filed an I-485 adjustment of status application for our client on December 22, 2020. Our office also submitted a detailed cover brief and explained why our client is still eligible for the adjustment of status through the INA 245K subsection despite her overstay and unauthorized employment.  Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on November 1, 2021, her adjustment of status application was approved by the USCIS without an interview. 

{ 0 comments }

CASE: I-751 / Waiver of the Joint Waiver Requirement
APPLICANT: Filipina
LOCATION: Dallas, TX

Our client contacted our office in late January of 2021 regarding her potential I-751 filing. She is from the Philippines and married a U.S. citizen in August 2017. Through her marriage with a U.S. citizen spouse, she obtained a 2-year conditional green card in April of 2019. Therefore, her conditional residency terminated in April 2021.

Unfortunately, during their marriage, our client and her ex-husband went through struggles. They lived separately for a while and their divorce was finalized. We advised that we can help her file the I-751 application with a waiver of the joint filing requirement. We requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition.

On March 12, 2021, our office filed the I-751 application with various supporting documents to demonstrate our client’s bona fide marriage with her ex-husband.  Eventually, on October 14, 2021, the USCIS approved our request for the removal of conditions on her permanent resident status without even an interview. Now, she has her ten-year green card.

{ 0 comments }

CASE: H-1B Visa Extension Petition
PETITIONER:  E-Commerce Company in Addison, TX
BENEFICIARY: Korean Market Research Analyst

Our client is an E-commerce company in Addison, TX. They contacted our office in August 2021 to seek legal assistance for their foreign employee’s H-1B extension.  The beneficiary obtained his Bachelor’s Degree in Marketing. The proffered position for the Beneficiary is a Market Research Analyst. The argument would be to make the occupation at hand a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Marketing or its equivalent.  We also did their initial H-1B petition in 2018.  

Our office filed the H-1B visa petition with various supporting documents on September 7, 2021 via regular processing service. Eventually, our client’s H-1B application was approved on September 30, 2021.  His H-1B is good until September 11, 2024.

{ 0 comments }

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Korean

LOCATION: Houston, TX

Our client contacted us in September 2020 to seek legal representation for her naturalization application. She came to the United States from South Korea and obtained her green card in April 2015.

Her N-400 application was filed on September 21, 2020. Prior to her citizenship interview, our office prepared her via conference calls.  On September 10, 2021, our client appeared at the Houston, TX USCIS office for her naturalization interview. Our client answered all questions correctly and passed her naturalization interview. On September 20, 2021, her application was approved. Her oath taking is scheduled in which she will become a naturalized U.S. Citizen.

{ 0 comments }

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse in the Philippines

LOCATION: Houston, TX

Our client is Filipina registered nurse who currently works in the Philippines. 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 19, 2021 and we started on her Prevailing Wage Request. Her PW request was filed on January 20, 2021. 

We filed the I-140 application on June 14, 2021 via regular processing. We included the job offer letter, notice of filing, financial ability to pay letter, and other necessary supporting documents. Eventually, on September 13, 2021, 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.

{ 0 comments }

CASE: I-130 and I-485 Marriage Based Petition and Adjustment of Status 

 NATIONALITY: Filipina

 LOCATION: Houston, TX

Our client came from the Philippines on a J-1 visa. She was subject to the two-year foreign resident 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) due to the lack of divorce laws in the Philippines (annulment takes 5 years average). She thus pursued  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 extreme 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 July 2, 2018, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  Thereafter, our office prepared for  affidavit of our client, an extensive brief in support for 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 July 16, 2018, our office filed the I-612 application to the USCIS. Eventually, the USCIS approved her I-612 waiver on February 25, 2020. 

Once her J-1 waiver was approved, our client retained our office again for her adjustment of status application. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 7, 2020.  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 September 22, 2021, our client was interviewed at the Houston, Texas USCIS office.  The interview went well, and eventually, on the same day of the interview, her green card application was approved.

{ 0 comments }