slide
Success Stories
If you need help in any aspect of immigration law, feel free to contact our office. We invite you to view our success stories.
slide
From Our Clients
Please read our compiled reviews from the internet, from Google to AVVO, on what our clients have said about our firm.
slide
Marriage
One of the fastest and most common immigration cases are those based on marriage to a US Citizen.
slide
Family and Relative Immigration
From immigration of children, parents, siblings, to cases involving 245(i), CSPA, and the death of a petitioner, we are here to help.
slide
H-1B
H-1B petitions for employment in specialty occupations, from computer analysts, engineers, nurse managers, accountants, architects, doctors, feel free to contact us.
slide
Asylum
Past persecution or fear of future persecution on account of politics, race, religion, social group, or nationality. Let us guide you in the asylum application process.
Post image for Nurse Manager Immigration Schedule A EB2 I-140 Approval for Filipina Beneficiary and Nursing Care Facility Petitioner in Katy, Texas

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

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipina

LOCATION: Houston, TX

Our client is in the United States on an H-1b visa and she currently works as a nurse instructor. 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 5 years of experience as a nurse instructor. 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 March 22, 2017 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.

Eventually, on April 7, 2017, 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 an adjustment of status application.

{ 0 comments }

Post image for Nurse Manager Schedule A EB2 I-140 Approval for Filipino Beneficiary in the Philippines and Nursing Care Facility Petitioner in Houston, TX

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

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipino Nurse Manager in the Philippines

LOCATION: Houston, TX

Our client is in the Philippines. His prospective employer-sponsor is 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 petition 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 5 years of experience as a registered 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 March 6, 2017 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.

Eventually, on March 21, 2017, 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 Philippines nationals is current), he can file his immigrant visa application.

{ 0 comments }

Post image for Green Card Approval Based on Approved EB-2 I-140 for Korean Pastor in Virginia

CASE: EB-2 Green Card Approval Based on Approved I-140 (EB-2)    
EMPLOYER: Korean Church
BENEFICIARY: Korean Pastor
LOCATION: Virginia

Our client is a senior pastor of a Korean church in Virginia, who currently does his ministry at this church under an H-1B status.  This church was willing to petition him for a second-preference petition (I-140).  Our client has a master’s degree in Divinity. After talking to our client, our firm concluded that his employer can petition him as a Pastor.  Second preference petitions for Koreans are current, which means that if a PERM Labor Certification for a second preference position gets approved, the I-140 and I-485 could be filed simultaneously. Based on our client’s educational, professional and working backgrounds, our office determined that he is clearly eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us on December 15, 2014.

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 March 4, 2015, the prevailing wage request was filed.  After we obtained foreign degree evaluation report, our office filed the job order on May 4, 2015.  On July 29, 2015, we promptly filed PERM.  Eventually, on January 28, 2016, 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 financial records, and other necessary supporting documents. The I-140 Petition was filed on June 14, 2016 via premium processing service. However, the USCIS issued Request for Evidence (RFE) on June 29, 2016 and requested the Petitioner’s audited balance sheet to demonstrate whether Petitioner has sufficient net current asset to pay proffered wage of beneficiary. On September 8, 2016, our office filed the Response to RFE to USCIS along with Petitioner’s 2015 audited balance sheet. Eventually, on September 16, 2016, the I-140 EB-2 Petition for our Korean client was approved.

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 November 28, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on March 9, 2017, the USCIS Texas Service Center approved our client’s adjustment of status application. Now, he finally is a green card holder.

{ 0 comments }

Post image for Nurse Manager Immigration Schedule A EB2 I-140 Approval for Filipina Beneficiary and Nursing Care Facility Petitioner in Katy, Texas

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

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipina

LOCATION: Houston, Texas

Our client is in the United States on an H-4 visa. 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 5 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 February 22, 2017 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.

Eventually, on March 8, 2017, 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 an adjustment of status application.

{ 0 comments }

Post image for EB-2 Green Card Approval for Kenyan Non-Profit Housewarming Project Manager in Cleveland Ohio

CASE: I-485 Adjustment of Status based on Approved I-140 (EB-2)

APPLICANT: Kenyan Non-Profit Housewarming Project Manager

LOCATION: Cleveland, OH

Our client is currently working as a Non-Profit Housewarming Project Manager whose current employer was willing to petition him for a second-preference petition (I-140).  Our client has a bachelor’s and a master’s degree in a related field and work experience. He has been working for his current employer under an OPT status. Based on our client’s education, professional and work background, our office determined that he is clearly eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us.

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. On April 2, 2015, the prevailing wage request was filed.  Once we received the Prevailing Wage determination, our office filed the job order on August 20, 2015.  On November 20, 2015, we promptly filed PERM.

However, on May 2, 2016, the Department of Labor issued a request for 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 May 11, 2016.  

Eventually, on July 18, 2016, the PERM Labor Certification was approved – an EB2 position for the Kenyan 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 28, 2016 via premium processing service. On August 8, 2016, the I-140 EB-2 Petition for our Kenyan client was approved without any Request for Evidence (RFE).

Our office filed his I-485 application along with his I-140 petition concurrently. On March 1, 2017, the USCIS approved his I-485 application as well. Now, he is a green card holder.

{ 0 comments }

EB-2 Green Card Approval for Nepali Dentist in Ohio

by JP Sarmiento on March 6, 2017

Post image for EB-2 Green Card Approval for Nepali Dentist in Ohio

CASE: I-485 Adjustment of Status based on Approved I-140 (EB-2)
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Nepali Dentist

 

Our client is from Nepal, who is currently working in the United States as an associate dentist under an F-1 (OPT) status. Her current employer was willing to do an immigration petition for her, second-preference. Our client has a Doctor of Dental Surgery degree in the United States. After talking to our client, our firm concluded that her employer can petition her as an associate dentist. Based on our client’s education, professional and work background, our office determined that she 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 September 15, 2015, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on November 30, 2015.  On February 22, 2016, we promptly filed PERM.  Eventually, on June 14, 2016, the PERM Labor Certification was approved – an EB2 position for the Nepalese 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 11, 2016 via premium processing service. Eventually, on July 21, 2016, the I-140 EB-2 Petition for our Nepalese client was approved without any Request for Evidence (RFE).

Our office filed his I-485 application along with his I-140 petition concurrently. However, on January 23, 2017, the USCIS Nebraska Service Center issued Request for Evidence (RFE) and requested our client to submit the updated employment letter. Our office filed the response to RFE on February 15, 2017. On March 3, 2017, the USCIS approved her I-485 application as well. Now, she is a green card holder.

{ 0 comments }

CASE: I-485 based on Approved I-140 (EB-3 Category) / Schedule A

APPLICANT: Mexican Registered Nurse

LOCATION: Midland, 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” standard. Our client’s employer provided a federal corporate tax record and other documents to demonstrate that they have 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.

In September 2016, her priority date became current. Our office proceeded with our client’s and her husband’s I-485 adjustment of status applications. We prepared and file our clients’ adjustment of status applications along with supporting documents to USCIS on September 7, 2016. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.

This case was transferred to the local USCIS office in El Paso, TX and they appeared at the interview for the adjustment of status interview with Attorney Sung Hee (Glen) Yu from our office on February 9, 2017.  The interview went well; eventually, our client’s adjustment application was approved by the USCIS on February 13, 2017.  

{ 0 comments }

Post image for Nurse Practitioner EB-2 Schedule A I-140 Approval for Thai Beneficiary and Non-Profit Mental Health Care Petitioner in Ohio

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

EMPLOYER: Mental Health Non-Profit Organization

BENEFICIARY: Thai Nurse Practitioner

LOCATION: Ohio

Our client is a certified nurse practitioner. Her prospective employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a certified nurse practitioner, 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 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 September 12, 2016 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on January 23, 2017 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.  On January 31, 2017, without any Request for Evidence (RFE), the USCIS Nebraska Service Center approved her EB-2 I-140 petition. Since the priority date for Thai national is current for the EB-2 category, she is eligible to file her adjustment of status application now.

{ 0 comments }

Post image for EB2 Green Card Approval for Nepali Senior Software Developer – Web Applications in Omaha Nebraska

CASE: I-485 Adjustment of Status Based on Approved I-140 (EB-2)
EMPLOYER: Sales Leads Provider in Omaha Nebraska
BENEFICIARY: Nepali Senior Software Developer – Web Application

 

Our client is from Nepal, who is currently working in the United States as a Senior Software Developer under F-1 (OPT) status. His current employer was willing to do an immigration petition for her, second-preference. Our client has a Master of Management Information Systems degree in the United States. After talking to our client, our firm concluded that his employer can petition him as a Senior Software Developer – Web Application. Based on our client’s educational, professional and working backgrounds, 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 September 16, 2015, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on December 10, 2015.  On March 8, 2016, we promptly filed PERM.  Eventually, on June 22, 2016, the PERM Labor Certification was approved – an EB2 position for the Nepali 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 26, 2016 via premium processing service. Eventually, on August 6, 2016, the I-140 EB2 Petition for our Nepalese client was approved without any Request for Evidence (RFE).

When we filed his I-140, our office concurrently filed an I-485 adjustment of status application for his green card. Eventually, on January 30, 2017, his I-485 adjustment of status application was approved by the USCIS without any RFE. Now, our client is a green card holder.

{ 0 comments }

Post image for I-140 EB2 Approval for Korean Dentist Beneficiary and Dental Group Petitioner in Cleveland Ohio

CASE: I-140 (EB-2)
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Korean Dentist

 

Our client is from South Korea, who is currently working in the United States as an associate dentist under F-1 (OPT) status. His current employer was willing to do an immigration petition for him, second-preference. Our client has a Doctor of Dental Medicine degree in the United States. After talking to our client, our firm concluded that his employer can petition him as an associate dentist. Based on our client’s education, professional 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 October 6, 2015, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on December 17, 2015.  On March 3, 2016, we promptly filed PERM.  Eventually, on June 27, 2016, 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 July 22, 2016 via regular processing service. Eventually, on January 25, 2017, the I-140 EB-2 Petition for our Korean client was approved without any Request for Evidence (RFE). Our client already filed his I-485 adjustment of status application with his I-140 petition concurrently and his green card application will likely be approved soon.  

{ 0 comments }