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Post image for EB2 Green Card Approval for Indian Senior Oracle Applications Developer in Cleveland, OH

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

APPLICANT: Indian

 LOCATION: Cleveland, OH

Our client is a Senior Oracle Applications Developer from India, who is currently working at a large chemical company who was willing to petition him for a second-preference petition (I-140).  He has maintained his status as an H-1B visa holder in the United States.  He had an approved I-140 petition which was filed by his current employer and this I-140 petition’s priority date was November 19, 2008.

In February 2012, his priority date became current. He contacted our office and retained us for his and his wife’s I-485 adjustment of status applications. Our office filed I-485 adjustment of status applications for our client on February 17, 2012. Everything went smoothly and the receipt notices and fingerprint appointment came on time. However, the EB-2 for Indian Nationals retrogressed.

Eventually, in August 2014, his priority date became current. On August 25, 2014, the USCIS Nebraska Service Center approved our client and his wife’s adjustment of status applications. They are now green card holders.

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Post image for EB2 I-140 Approval for Zambian Business Operating Manager Beneficiary and Radio Broadcasting Company Petitioner in Texas

CASE: EB-2 I-140 Petition / Response to Notice of Intent to Deny

EMPLOYER: Radio Broadcasting Company

BENEFICIARY: Zambian Business Operating Manager

LOCATION: Texas

Our client is a business operating manager from Zambia, who used to work at a radio broadcasting company in Texas under his OPT program. While he was working there, the company was willing to do an immigration petition for him, second-preference. Our client has a Master’s degree in Business Administration and has worked for this company for a year under the OPT program. Currently, our client is in F-2 status. He could not continue working there since his OPT expired.

After talking to our client, our firm concluded that his potential employer can petition him as a Business Operating Manager. Based on our client’s educational, professional and working background as an engineer and management analyst, our office determined that he is eligible for EB-2 classification.

Prior to filing the PERM labor certification, 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 Labor Certification 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.  On January 9, 2014, we filed the PERM labor certification application.  Eventually, on June 23, 2014, the PERM labor certification was approved.

Once the PERM was certified, we then proceeded with the I-140 petition filing. Our office submitted an “ability to pay” letter for the I-140 petition application on July 11, 2014 via premium processing. We included the job offer letter, employer’s tax records, and other necessary supporting documents. However, on July 23, 2014, the USCIS Texas Service Center issued a Notice of Intent to Deny for our client’s I-140 petition. According to the Notice of Intent to Deny, the USCIS requested the Petitioner to prove “ability to pay” for beneficiary’s proposed salary. In response to that, our office showed the beneficiary’s previous pay stubs and demonstrated that his previous salary was over and above the prevailing wage for his proposed position. Our office filed a Response to Notice of Intent to Deny which included a 7-page brief and supporting evidence on August 11, 2014.

Eventually, the USCIS approved the I-140 petition on August 15, 2014. Now, with the approved EB-2 I-140 petition (priority date for EB2 Zambian nationals is current), our client can file his adjustment of status application at any time (he could have filed it simultaneously, but beneficiary wanted to make sure the I-140 was approved first).

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CASE: I-140 (EB-2 Category)

EMPLOYER: Taekwondo (Martial Arts) School

BENEFICIARY: Korean

LOCATION: Erie, PA

Our client is a prominent Taekwondo master who is working as a Taekwondo coach. He had a Taekwondo school willing to do a second-preference petition (I-140) for him.  Our client has a Bachelors and Masters degree in a related field and has coaching experience. Although he had maintained his status as an O-1 visa holder in the United States, his previous green card application (Based on the EB-11 category) was denied.

After talking to our client, our firm decided that his potential employer can petition him as a Taekwondo Head Coach.  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 background, our office determined that he is clearly eligible for EB-2 classification. Our client eventually retained us for his PERM labor certification in January 2013.

As we stated in a previous success story, his PERM Labor Certification was approved on May 13, 2014 despite the issuance of Audit request.  After the PERM approval, our client retained us again for the I-140 petition.

We then proceeded with the I-140 Petition filing. One of the main requirements for the I-140 is that the petitioning company must show that it has the ability to pay the proffered wage for the beneficiary’s position.

The adjusted gross income was not enough. The current wage of the beneficiary was not enough. The net current assets were also not enough.

Thus, we attached the tax return schedule that showed the net current assets of the Petitioner and combined it with his wage to argue that this combination establishes Petitioner’s ability to pay the prevailing wage. A combination of the net current assets and our client’s current salary was over and above the prevailing wage and the proffered wage.

We included the job offer letter, employment verification letters from our client’s previous employers, and other necessary supporting documents.  The I-140 Petition was filed on June 2, 2014 via premium processing.  Eventually, on June 17, 2014, the I-140 EB2 Petition for our Korean client was approved.

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Post image for Schedule A Nurse Practitioner EB2 I-140 Approval for Filipino Nurse Practitioner Beneficiary and Health Clinic Petitioner in New York, NY

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

EMPLOYER: Health Clinic

BENEFICIARY: Filipino

LOCATION: New York, NY

Our client is a certified nurse practitioner. His current employer-sponsor (on OPT) was willing to petition him for a second-preference employment immigrant visa petition (I-140). Since he is a certified nurse practitioner, he 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 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 Nurse Practitioner is included in Schedule A.

Our client has both a Bachelor’s and Master’s degrees in nursing. Our office was retained on January 9, 2014 and we started the Prevailing Wage Determination filing and other related matters.

Once the prevailing wage was determined, we filed the I-140 application on April 11, 2014 via premium processing. We included the job offer letter, the notice of filing, his pay stubs, 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.

However, on April 24, 2014, the USCIS Texas Service Center issued a Request for Evidence (RFE) and requested petitioner-employer to explain recent ownership changes and further explanation on the entity arrangement. Our office prepared the response to RFE and filed it along with supplemental evidence on May 8, 2014 to the USCIS. On May 15, 2014, 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 adjustment of status application at any time (he could have filed it simultaneously, but beneficiary wanted to make sure the I-140 was approved first).

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Post image for EB2 Green Card Approval for Filipino Family Doctor in Erie Pennsylvania

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

 APPLICANT: Filipino

 LOCATION: Erie, PA

Our client is a family physician from the Philippines, who is currently working at a hospital which was willing to petition him for a second-preference petition (I-140).  Our client has an M.D. degree and is licensed physician in the state of Pennsylvania. He has maintained his status as an H-1B visa holder in the United States.  After talking to our client, our firm concluded that his potential employer can petition him as a Family Medicine Physician. Based on our client’s educational, professional and working background, our office determined that he is clearly eligible for an EB-2 classification for his I-140 petition.

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 foreign degree evaluation report, our office filed the job order on November 16, 2011.  On May 10, 2012, we promptly filed PERM.  Eventually, on July 17, 2012, a little after two months from filing, the PERM Labor Certification was approved – an EB2 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, state physician license, our client’s M.D. degree, and other necessary supporting documents.

The I-140 Petition was filed on September 11, 2012 via regular processing service.  On May 3, 2013, the I-140 EB2 Petition for our Filipino 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 October 18, 2013. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on March 3, 2014, the USCIS Texas Service Center approved our client’s adjustment of status application. He is now a green card holder.

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Post image for I-140 National Interest Waiver Approval for Korean Aerospace Scientist in Santa Clara California

CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Santa Clara, California

Our client contacted us in June 2013 about the possibility of doing a National Interest Waiver application for him. He is a post-doctorate researcher and scientist in the field of Aerospace Engineering and Science, and was working as a research fellow for NASA at the time of his filing.

Our client is an extraordinary researcher and engineer in the field of Aerospace Engineering Research; specifically, computational fluid dynamics (CFD) and flow control.

His significant contributions have placed him at the pinnacle of the field of Aerospace engineering. Our client’s expertise is in the development of computational fluid dynamics (CFD) which meets the contemporary requirements for not only conventional development but also revolutionary aircraft design. He has been helping a U.S. aircraft company investigate the feasibility of their designs under consideration by performing very complex CFD analysis and suggesting alternative optimal new configurations.

Upon review of his credentials and qualifications, our office determined that he was qualified for the National Interest Waiver (NIW) category. Being qualified for the NIW is beneficial since you would not need an employer nor family member to petition 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 9 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication records, presentation records, 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 45 exhibits. Our office filed his I-140(NIW) petition at the USCIS Nebraska Service Center on July 29, 2013 along with his I-485 adjustment of status application.

However, on September 16, 2013, the USCIS issued a Request for Evidence for his I-140 petition. In response to the RFE request, our office prepared a brief which included notes from scientists in the field regarding updates of his work and the importance of his past work in physics-based turbulence model and computational fluid dynamics research.  We also emphasized our client’s past accomplishments and the benefits of his work. Our Response to RFE was filed on November 13, 2013.

Eventually, on December 6, 2013, the USCIS Nebraska Service Center approved our client’s I-140 petition. Now, our client can wait for his I-485 adjustment of status decision which will be adjudicated soon.

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Post image for EB2 Nurse Practitioner Green Card Approval for Kenyan Client in Akron Ohio

CASE: I-485 (Based on EB-2 I-140 Approval)

CLIENT: Kenyan Nurse Practitioner

LOCATION: Akron, Ohio

Our client is a certified nurse practitioner, who is currently working at a nursing care company in Akron, Ohio under an OPT. Her 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 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 Nurse Practitioner is included in Schedule A.

Our client has both a Bachelors and Masters degree in nursing. Our office was retained in May 21, 2013 and we started the Prevailing Wage Determination filing and other related matters.

We filed the I-140 application on September 17, 2013 via premium processing. We included the job offer letter, the notice of filing, her pay stubs, 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 September 30, 2013, without any Requests for Evidence (RFE), the USCIS Nebraska Service Center approved her EB-2 I-140 petition.

When we filed her I-140 petition, the priority date for Kenyan nationals was current for the EB-2 category, thus we also filed her I-485 adjustment of status application concurrently. Eventually, on November 29, 2013, her adjustment of status application was approved by the USCIS. Also, her husband, who applied as a derivative, got his green card at the same time.

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Post image for I140 National Interest Waiver Approval for Korean Material Scientist in Cleveland Ohio

CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Cleveland, Ohio

Our client contacted us in April 2012 regarding the possibility of doing a National Interest Waiver self-petition for him. He is a post-doctorate researcher and scientist in the field of Material Science / Engineering, and is currently working as a post-doctorate researcher in an academic institution in Cleveland, Ohio.

His significant contributions have placed him at the pinnacle of the field of material science and engineering. He is a leading scientist with an excellent reputation in alloy design, especially in titanium alloys which are promising structural and functional materials for the next generation.

Our client successfully brazed Ti alloys which are mostly used in aerospace and chemical applications. Successfully joining titanium alloys is of great importance to national defense. He also developed very low-melting Ti-based filler alloys for Ti alloys. Lower brazing temperature would ensure lower risk of damaging aerospace components during processing

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 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. You can also file for a work permit simultaneously.

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 23-page brief for our client’s NIW filing. Our client also obtained 9 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication records, patents, presentation records, 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 58 exhibits.

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on November 8, 2012. Eventually, on November 14, 2013, the USCIS Nebraska Service Center approved our client’s I-140 petition.

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Post image for Schedule A Nurse Practitioner EB2 I-140 Approval for Kenyan Nurse Practitioner Beneficiary and Nursing Care Company Petitioner in Akron Ohio

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

EMPLOYER: Nursing Care Company

BENEFICIARY: Kenyan

LOCATION: Akron, Ohio

Our client is a certified nurse practitioner, who is currently working at a nursing care company in Akron, Ohio under the OPT program. Her 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 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 Nurse Practitioner is included in Schedule A.

Our client has both a Bachelors and Masters degree in nursing. Our office was retained on May 21, 2013 and we started on the Prevailing Wage Determination filing and other related matters.

We filed the I-140 application on September 17, 2013 via premium processing. We included the job offer letter, the notice of filing, her pay stubs, 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 September 30, 2013, without any Request for Evidence (RFE), the USCIS Nebraska Service Center approved her EB-2 I-140 petition.

When we filed her I-140 petition, the priority date for Kenyan nationals was current for the  EB-2 category, thus we also filed her I-485 adjustment of status application concurrently with the I-140 petition. Since the I-140 petition is approved, her I-485 adjustment of status application will likely be approved soon.

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Post image for EB2 Green Card Approval for Nepali Computer Systems Analyst in Omaha Nebraska

CASE: I-485 (Based on EB-2 I-140 Approval)

 CLIENT: Nepali Computer Systems Analyst

 LOCATION: Omaha, Nebraska

Our client is a computer systems analyst from Nepal, who is currently working for a software distributing company in Omaha, Nebraska. The company was willing to do an immigration petition for him, second-preference. Our client has a Master of Science degree in Computer Information Systems and has worked for this company since October 2011. He has maintained his status as an H-1B visa holder in the United States.

After talking to our client, our firm concluded that his potential employer can petition him as a Computer Systems Analyst. Based on our client’s educational and professional background as an engineer and management analyst, our office determined that he is eligible for EB-2 classification.

Prior to filing the PERM labor certification, 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 Labor Certification 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.  On December 17, 2012, we filed the PERM labor certification application.  Eventually, on April 17, 2013, exactly four months from filing, the PERM labor certification was approved – an EB2 position for a Nepali Computer Systems Analyst.

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 May 9, 2013 via premium processing.  Within a week of the filing, on May 16, 2013, the I-140 EB2 Petition was approved.

After the I-140 was approved, our client retained our office again for his I-485 adjustment of status application. On June 3, 2013, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on August 16, 2013, only about two months later, the USCIS Nebraska Service Center approved our client’s I-485 application.  Our client now is a green card holder.

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