CASE: I-485 based on approved I-140 (NIW)

CLIENT: Filipino

LOCATION: San Antonio, TX

Our client contacted us in January 2018 about the possibility of doing a National Interest Waiver self-petition. He is a researcher from the Philippines and he is an exceptional researcher and scientist in the field of Hydrology, Geomorphology, Ecology, and Physics.

Our client’s significant contributions have placed him at the pinnacle of his field. He has developed a rigorous quantitative framework based on spectral graph theory to study delta channel network connectivity and demonstrated its value in computing delta’s steady state fluxes and identifying upstream (contributing) and downstream (nourishment) areas and fluxes from any point in the network.  Because of his innovative experimental research, our client’s research works were highly evaluated by the 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 definitely 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. While we prepared his case, the AAO set the new standards for NIW cases in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Under the new standard, the petitioner must demonstrate that the foreign national’s proposed endeavor has both substantial merit and national importance. Next, it must be shown that he or she is well positioned to advance the proposed endeavor. Finally, the petitioner seeking the waiver needs to demonstrate that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Id.

Our office prepared a 27-page brief for our client’s NIW filing. Our client also obtained 6 letters of recommendation from his colleagues and internationally-recognized researchers. Our office also included his publication records, presentation records, and conference materials in the NIW application. We demonstrated that our client is one of the few elite researchers who have made significant and substantial contributions to his field of endeavor, that he is well positioned to advance the proposed endeavor, and it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification for our client.

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on February 15, 2018. Eventually, on July 13, 2018, the USCIS approved his I-140 petition without any Requests for Evidence.  

When we filed his I-140, he concurrently filed his I-485 adjustment of status application. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference calls. On November 13, 2018, our client was interviewed at San Antonio, Texas USCIS office. The interview went well, and on the same day of the interview, his green card application was approved.

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CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina

LOCATION: Houston, TX

Our client is from the Philippines who came to the U.S. on an H-1B visa. In May 2016, our client married her U.S. citizen husband.  She retained our office for her green card application, and our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 4, 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 via conference calls. On November 6, 2018, our client was interviewed at the Houston USCIS office.  The interview went well, and eventually, her green card application was approved on the same day of the interview.

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CASE: I-485 Adjustment of Status / I-140 (EB-2)

CLIENT: Korean Operations Research Analyst

LOCATION: Dallas, Texas

Our client is from South Korea and his prospective employer was willing to do an immigration petition for him, second-preference. Our client has a Master’s degree in Business Administration. After talking to our client, our firm concluded that his employer can petition him as an Operations Research Analyst. 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 May 18, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on August 8, 2017. On October 11, 2017, we promptly filed PERM. Eventually, on March 19, 2018, the PERM Labor Certification was approved – an EB2 position for the Korean 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 26, 2018, the I-140 EB2 Petition for our Korean client was approved without any Request for Evidence (RFE).

Once his I-140 petition was approved, he retained our office again and determined to file an adjustment of status application for him and his wife. On May 15, 2018, our office filed an I-485 adjustment of status application for our clients. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our clients via conference calls as well. On October 29, 2018, our clients were interviewed at Irving Texas USCIS office.  Their interview went well; and eventually, their I-485 applications were approved by the USCIS on October 30, 2018.

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

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipina Nurse Manager in Manila, Philippines

LOCATION: Houston, TX

Our client’s beneficiary is a Filipina lady who has worked in the Philippines as a registered nurse. Our client was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she has a registered nurse license and the proffered position for her 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 years of 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 more than 5 years of experience as a registered nurse. She 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 September 26, 2018 via premium processing. We included a job offer letter, the notice of filing, employment letter, past experience 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 October 4, 2018, the USCIS Texas Service Center approved her EB-2 I-140 petition. Now, with the approved EB-2 I-140 petition (priority date for EB2 Philippines nationals is current), she can file her immigrant visa application.

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

CLIENT: US Citizen Petitioner Son; Cameroonian Beneficiary Father in Cameroon

LOCATION: Petitioner: Texas; Beneficiary: Cameroon

I-130 FILED: July 28, 2016

I-130 APPROVED: May 16, 2017

IV APPROVED: May 16, 2018

Our client retained us to bring his father over from Cameroon. He was born and raised in Cameroon, but was naturalized in the United States.

On July 28, 2016, our firm filed the I-130 Petition to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On May 16, 2017, the I-130 Petition was approved. We then started the immigrant visa processing phase of trying to get his father over to the United States.

On January 19, 2018, we filed the immigrant visa packet to the National Visa Center who in turn forwarded our client’s materials to the U.S. Embassy in Yaoundé, Cameroon. An interview notice was set for our client’s father at the U.S. Embassy in Yaoundé, Cameroon, and we prepared him for his interview. On May 16, 2018, the U.S. Embassy in Yaoundé, Cameroon approved and issued his immigrant visa.

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

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipina Physical Therapist

LOCATION: Houston, TX

Our client is a physical therapist in the Philippines. Her prospective employer-sponsor was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a physical therapist, she was 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 Physical Therapist is included in Schedule A.

Our client has U.S. equivalent Master’s degrees in Physical Therapy and is a licensed physical therapist in the State of Texas. Our office was retained on May 9, 2018 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on September 10, 2018 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 September 24, 2018, the USCIS Texas Service Center approved her EB-2 I-140 petition. Now, with the approved EB-2 I-140 petition (priority date for EB2 Philippines nationals will be current in October 2018), she can file his immigrant visa application next month.

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

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipina

LOCATION: San Antonio, TX

Our client is in the Philippines. Her prospective employer-sponsor was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she has a registered nurse license and the proffered position for her 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 Bachelor’s degree in nursing and has more than five years of experience as a staff nurse. She 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 June 6, 2018 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 the nurse manager position falls under a Schedule A and EB2 designation.

However, on June 18, 2018, the USCIS issued a Request for Evidence (RFE). The USCIS argued that they cannot approve her I-140 petition because the proffered position, Nurse Manager, does not fall under Schedule A designation and it is not an EB-2 classified position. In our response brief, we cited the AAO decision and argued that positions other than “registered nurses” can fall under the definition of professional nurses, and thus fall under the Schedule A designation as well. The position of Nurse Manager for Petitioner, considering its job description, is a “position other than registered nurses that still falls within the definition of a professional nurse.” As to EB-2 classification argument, our office argued that the proffered position has the supervisory role and the complexity of job duties justify the EB-2 designation and the required 5 years experiences under the ONET Job Zone and the Department of Labor’s level. With this detailed response brief and other supporting documents, our office filed the Response to RFE to USCIS Texas Service Center on July 27, 2018.  

Eventually, on August 10, 2018, the USCIS Texas Service Center approved her EB-2 I-140 petition. Now, with the approved EB-2 I-140 petition (priority date for EB2 Philippines nationals is current), she can file her immigrant visa via consular processing.

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CASE: I-140 (EB-3)
EMPLOYER:  E-Commerce Merchandiser Employer in Dallas, TX

BENEFICIARY: Korean E-Business Operations Specialist

Our client is from South Korea and his prospective employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Business Administration. After talking to our client, our firm concluded that his employer can petition him as an E-Business Operations Specialist. Based on our client’s educational, professional and wprl background, our office determined that he was 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 22, 2016, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on July 10, 2017. On September 13, 2017, we promptly filed PERM. Eventually, on June 25, 2018, the PERM Labor Certification was approved – an EB3 position for the Korean 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 17, 2018 via premium processing service. Eventually, on August 2, 2018, the I-140 EB3 Petition for our Korean client was approved without any Request for Evidence (RFE). He can file an I-485 adjustment of status application for his green at any time since his priority dates are current.

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CASE: Fiancé Visa

PETITIONER: US Citizen in Houston, TX

BENEFICIARY: Filipina

PETITION FILED: June 5, 2017

PETITION APPROVED: January 2, 2018

K-1 VISA APPROVED: April 6, 2018

Our client, a US Citizen Petitioner, has known his fiancée since 2016. They started their relationship, and he visited the Philippines in September 2016.  In February 2017, our client went back to the Philippines to see his fiancée. They got engaged and our client decided to file a fiancé petition for his fiancée.  He retained our firm to file a fiancé petition for her on May 17, 2017.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. We helped her and her fiancé draft letters in support of the fiancé petition, and we filed the petition on June 5, 2017.

On January 2, 2018, the I-129F fiancée petition was approved. On April 6, 2018, our client’s fiancé appeared at the U.S. Embassy in Manila, Philippines for her K-1 visa interview. The interview went well, and the U.S. Embassy issued her K-1 visa. With the issued K-1 visa, our client’s fiancée came to the United States and married our client in May 2018. She already filed her adjustment of status application to the USCIS.

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CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Senegalese

LOCATION: Houston, TX

Our client contacted us in January 2017 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Senegal and obtained his green card in November 2012 through his marriage to a U.S. citizen spouse.

Once retained, his N-400 application was filed on January 31, 2017 with all supporting documents. Prior to his citizenship interview, our office prepared him via conference calls.  On May 18, 2018, our client appeared at the Houston, Texas USCIS office for his naturalization interview. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on July 2, 2018. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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