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Post image for PERM EB2 Labor Certification Approved for Filipino Hydraulic Power Project Manager Beneficiary and Hydraulic Manufacturing Company Petitioner in Texas

CASE: PERM Labor Certification    
EMPLOYER:  Hydraulic Unit Manufacturing Company in Texas
BENEFICIARY: Filipino Hydraulic Power Unit Design and Installation Project Manager

 

Our client is from the Philippines. His prospective employer was willing to do an immigration petition for him, second-preference. Our client has a Bachelor’s degree in Maritime Transportation and has more than 5 years of work experience as a Hydraulic Equipment Installer / Operator. After talking to our client, our firm concluded that his employer can petition him as a Hydraulic Power Unit Design and Installation Project Manager. Based on our client’s educational, professional and work background, our office determined that he is 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 12, 2016, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on January 10, 2017.  On May 3, 2017, we promptly filed PERM.  Eventually, on August 11, 2017, the PERM Labor Certification was approved – an EB2 position for the Filipino beneficiary. Now our client can file the I-140 petition.

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Post image for Immigrant Visa Approval for Filipino Nurse Manager in Manila Philippines

CASE: Immigrant Visa / I-140 (EB-2 Category) / Schedule A

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipino

LOCATION: Beneficiary: Philippines / Petitioner: Houston, TX

Our client is from the Philippines. His prospective employer-sponsor was willing to petition him for a second-preference employment immigrant visa petition (I-140). Since he has a registered nurse license and the proffered position for him is a nurse manager at the nursing care facility, the petitioner wanted to try going for a “Schedule A” classification. They also wanted to do EB2 (requiring at least a Masters degree or Bachelors degree + 5 yrs experience).

The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without having to file a Labor Certification with the Department of Labor. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. We argued that the position of Health Services Manager should be classified under Schedule A. We argued that it falls under the broad spectrum of “professional nurse” occupations. We also argued that the job description has excerpts that fall under “professional nurse” and that the description justifies the requirements also of Bachelor’s degree in nursing and five years of related experiences.

Our client has a Master’s Degree in Nursing degree. He also has a registered nursing license in the state of Texas. Our office was retained and we started on the Prevailing Wage Determination filing and other related matters.

Once the prevailing wage was determined, we filed the I-140 application on February 26, 2016 via premium processing. We included a job offer letter, the notice of filing, employment letter, and other necessary supporting documents. In our cover brief, we included the “ability to pay” argument and why the nurse manager position falls under a Schedule A and EB2 designation.

However, on March 10, 2016, the USCIS Texas Service Center issued Request for Evidence (RFE) and requested our client to submit his prospective employer’s most recent tax return record and his degree evaluation report. Our office prepared the response and filed the Response to RFE on March 14, 2016. Eventually, on March 25, 2016, the USCIS Texas Service Center approved his EB-2 I-140 petition.

Once his I-140 was approved, our client retained our office again for his immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on May 5, 2016, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for the client at the U.S. Embassy in the Philippines. His interview was scheduled in October 2016 initially; however, due to his health, the interview was re-scheduled. On June 28, 2017, our client appeared at the U.S. Embassy in Manila, Philippines. The interview went well, and the Embassy approved and issued his immigrant visa.

With the approved Immigrant Visa, our client can come to the United States immediately, and he will get his green card within two months of entry.

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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 was willing to petition him for a second-preference employment immigrant visa petition (I-140). Since he has a registered nurse license and the proffered position for him is a nurse manager at the nursing care facility, the petitioner wanted to try going for a “Schedule A” classification. They also wanted to do EB2 (requiring at least a Masters degree or Bachelors degree + 5 yrs experience).

The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without having to file a Labor Certification with the Department of Labor. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. We argued that the position of Health Services Manager should be classified under Schedule A. We argued that it falls under the broad spectrum of “professional nurse” occupations. We also argued that the job description has excerpts that fall under “professional nurse” and that the description justifies the requirements also of Bachelor’s degree in nursing and five years of related experiences.

Our client has a master’s degree in nursing and 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 July 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 July 17, 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.

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

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

Our client is a Korean church in Cleveland, Ohio which was willing to petition a Korean beneficiary for an Education Pastor position – second-preference petition (I-140).  Our client’s prospective employee has a master’s degree in Divinity. After talking to our client, our firm concluded that this employer can petition him as an Education 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 prospective employee’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 in October 2015.

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 foreign degree evaluation report, our office filed the job order on January 12, 2016.  On April 8, 2016, we promptly filed PERM.  Eventually, on July 19, 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 audited balance sheet (since the church is tax-exemption entity), and other necessary supporting documents. The I-140 Petition was filed on October 17, 2016 via premium processing service. Eventually, on October 25, 2016, the I-140 EB-2 Petition for our Korean client was approved without any Request for Evidence (RFE).

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 8, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on June 30, 2017, the USCIS Nebraska Service Center approved our client’s adjustment of status application. Now, he finally is a green card holder.

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Post image for Physical Therapist EB-2 Schedule A Green Card Approval for Taiwanese in Brooklyn New York

CASE: I-485 Adjustment of Status / Schedule A

APPLICANT: Taiwanese

LOCATION: Brooklyn, NY

Our client is a physical therapist. Her current employer 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 Nurse Practitioner is included in Schedule A.

Our client has Master’s degrees in Rehabilitation Science and is a licensed physical therapist in the State of New York. Our office was retained on February 22, 2016 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on June 24, 2016 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.  

However, on July 7, 2016, the USCIS issued Request for Evidence (RFE) for her I-140 case. The USCIS requested our client’s employer to explain its multiple locations and our client’s potential place of employment. We filed the Response to RFE on August 11, 2016. Eventually, on August 24, 2016, the USCIS Nebraska Service Center approved her EB-2 I-140 petition.

Once the I-140 petition was approved, our client retained our office again for her I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on October 3, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

However, on April 10, 2017, the USCIS issued a Request for Evidence (RFE) and requested our client to I-485 Supplement J document. Our office prepared and filed the Response to RFE along with Supplement J document to USCIS on May 10, 2017.

Eventually, on June 1, 2017, the USCIS Nebraska Service Center approved our client’s adjustment of status application. Now, she finally is a green card holder.

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Post image for PERM Labor Certification Approval for Syrian Dentist Beneficiary and Dental Group Petitioner in Cleveland Ohio

CASE: PERM Labor Certification    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Syrian Dentist

 

Our client is from Syria, who is currently working in the United States as an associate dentist under Temporary Protected Status (TPS). His current employer was willing to do an immigration petition for him, second-preference. Our client has a Doctor of Dentistry degree in Syria which is evaluated as an equivalent degree of Doctor of Dental Surgery degree the United States. He also has a license to practice dentistry in the state of Ohio. After talking to our client, our firm concluded that his employer can petition him as an associate dentist. Based on our client’s educational, 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 August 29, 2016, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on December 22, 2016.  On March 3, 2017, we promptly filed PERM.  Eventually, on May 24, 2017, the PERM Labor Certification was approved – an EB2 position for the Syrian beneficiary. Now our client can file the I-140 petition.

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

CASE: I-485 Adjustment of Status based on Approved 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 an H-1B 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 and working background, our office determined that he was 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 29, 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 1, 2016, we promptly filed PERM.  Eventually, on July 8, 2016, the PERM Labor Certification was approved – an EB2 position for the South 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 August 22, 2016 via premium processing service. Eventually, on August 29, 2016, the I-140 EB-2 Petition for our Korean client was approved without any Request for Evidence (RFE).

Once his I-140 was approved, our office filed an I-485 adjustment of status application for our client and his wife on October 13, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.  On May 9, 2017, the USCIS Nebraska Service Center approved our client’s adjustment of status application.  On the same day, the CIS approved our client’s wife’s adjustment of status applications as well.

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Post image for EB2 Green Card Approved 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 him, 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 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 September 29, 2015, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on December 11, 2015.  On March 9, 2016, we promptly filed PERM.  Eventually, on June 23, 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 8, 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. However, on March 29, 2017, the USCIS issued Request for Evidence (RFE) and asked our client to submit the document to demonstrate his authorized employment. Our office filed Response to RFE immediately.  Eventually, on May 3, 2017, his I-485 adjustment of status application was approved by the USCIS. Now, our client is a green card holder.

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Post image for I-140 National Interest Waiver Approval for Korean Researcher (in the field of polymer engineering) in Akron Ohio

CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Akron, OH

Our client contacted us in October 2015 about the possibility of doing a National Interest Waiver self-petition. He is a researcher from South Korea and he is an exceptional researcher and scientist in the field of polymer engineering

His significant contributions have placed him at the pinnacle of his field of endeavor. Throughout his research career, our client has discovered new ways to synthesize polystyrene/silica composite particles which was highly evaluated by reviewers of various journals and by colleagues and experts in the field. Our client developed and applied two new methods which allow polymer-particle/silica-particle composited can be fabricated without any surface modification.

Upon review of his credentials and qualifications, our office determined that he was qualified for the National Interest Waiver (NIW) category. Being qualified for NIW is beneficial since you would not need an employer nor family member to petition for you for green card purposes. You’d be eligible for a self-petition and unless you are from China or India, in which case you’d still have to wait for priority dates to be current, you would be eligible to apply for adjustment of status (green card) immediately without any lag in priority dates.

As a primer, NIW applicants must have a master’s or higher degree. The landmark immigration case that discusses the standards for NIWs is Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm.1998). This case held that the qualifying applicant must show the following elements in his or her I-140 NIW petition: First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Next, it must be shown that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U. S. worker having the same minimum qualifications. (When we filed this case, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) was not issued yet. Thus, we still filed our client’s NIW under NYSDOT standard.)

Our office prepared a 20-page brief for our client’s NIW filing. Our client also obtained 6 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication 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 36 exhibits (Exhibit A to JJ).

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on February 2, 2016. Eventually, on April 28, 2017, 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. His adjustment of status application will be approved soon as well.

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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.

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