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Post image for EB3 Green Card Approval for Korean Product Safety and Quality Assurance Director in Cleveland Ohio

CASE: Adjustment of Status (I-485) / I-140 (EB-3)
APPLICANT: Korean

LOCATION: Cleveland, OH

Our client is from South Korea, who is currently working in the U.S. on his H-1B status. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor of Chemical Engineering Degree and has worked for the current employer as a Product Safety / Quality Assurance Director. After talking to our client, our firm concluded that his employer can petition him as a Product Safety / Quality Assurance Director. Based on our client’s education and work background, our office determined that he is 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 February 5, 2016, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on May 5, 2016.  On August 1, 2016, we promptly filed PERM.  Eventually, on October 24, 2016, the PERM Labor Certification was approved – an EB3 position for the Korean beneficiary.

We then proceeded with the I-140 Petition filing. We submitted a cover brief with the “ability to pay” argument 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 November 29, 2016 via premium processing service. Eventually, on December 5, 2016, the I-140 EB-3 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 9, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on February 13, 2018, 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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Filipino EB2 Nurse Manager Immigrant Visa Approved

by JP Sarmiento on February 14, 2018

Post image for Filipino EB2 Nurse Manager Immigrant Visa Approved

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

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipino Nurse Manager in the Philippines

LOCATION: Manila, Philippines

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.

After the approval of the I-140 petition, our client retained us again for his immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on September 13, 2017, 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 Philippines. On February 6, 2018, our client appeared at the U.S. Embassy in Manila, Philippines. Eventually, after the interview, the Immigrant Visa was issued for our client.

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 EB-3 I-140 Approval for Korean In-House Graphic and Web Design Specialist Beneficiary and Food and Restaurant Company Petitioner in Cleveland Ohio

CASE: I-140 (EB-3)

EMPLOYER: Food / Restaurant Company

BENEFICIARY: Korean In-House Graphic / Web Design Specialist

LOCATION: Cleveland, OH

Our client has a prospective employer that was willing to petition her for a third-preference petition (I-140).  Our client has a bachelor’s degree in graphic design in the United States and work experience. Based on our client’s education, professional and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in May 2016.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on November 4, 2016.  On April 7, 2017, we promptly filed PERM.

However, on August 22, 2017, 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 September 5, 2017.  Eventually, on December 11, 2017, 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 January 31, 2018 via premium processing service. Eventually, on February 12, 2018, the I-140 EB3 Petition for our Korean client was approved without any Request for Evidence (RFE). She can file an I-485 adjustment of status application for her green at any time since her priority dates are current.

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Post image for Nurse Practitioner EB-2 Schedule A I-140 Approval for Korean Nurse Practitioner Beneficiary and Hospital Petitioner in Cleveland Ohio

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

EMPLOYER: Hospital

BENEFICIARY: Korean Nurse Practitioner

LOCATION: Cleveland, Ohio

Our client is a certified nurse practitioner. Her current employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she is 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 August 1, 2017, and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on January 18, 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.  

However, on January 29, 2018, the USCIS Nebraska Service Center issued the Request for Evidence (RFE) for our client’s I-140 petition. The USCIS requested our client to submit her official transcript. Our office immediately filed Response to RFE with our client’s official transcript. Eventually, on February 8, 2018, the USCIS Nebraska Service Center approved her EB-2 I-140 petition. Since the priority date for Korean national is current for the EB-2 category, she is eligible to file her adjustment of status application now.

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Post image for EB2 Schedule A Nurse Manager Green Card Approval for Filipina Client in Houston Texas

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

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipina

LOCATION: Houston, TX

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 go 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.

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her and her husband. On April 5, 2017, 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.

Prior to the interview, we thoroughly prepared our client at via conference calls as well. On January 24, 2018, our client was interviewed at Houston Texas USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on January 25, 2018, her green card application was approved. Her husband’s green card was approved as well.

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Post image for I-140 National Interest Waiver Approval for Korean High Energy Particle Physics Researcher in in Virginia

CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Virginia

Our client contacted us in October 2016 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 high-energy particle physics research.

Our client’s significant contributions have placed him at the pinnacle of his field. He has been an outstanding scientist whose work is of critical importance in the neutrino physics community for the next generation of neutrino oscillation experiments. He investigated rare neutrino interactions called the neutrino-electron elastic scattering and used the measured quantities to constrain the NuMI neutrino beam flux. His research results showed his process could be used to determine neutrino flux in a relatively inexpensive neutrino detector. 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 22-page brief for our client’s NIW filing. Our client also obtained 9 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. His NIW application contained 51 exhibits (Exhibit A to YY).

Our office filed his I-140(NIW) petition to the USCIS Texas Service Center on July 6, 2017. Eventually, on January 20, 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. His adjustment of status application will be approved soon as well.

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Post image for I-140 EB2 Approval for Korean Associate 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 H-1B status. Her current employer was willing to do an immigration petition for her, second-preference. Our client has a Doctor of Dental Medicine 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 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 February 10, 2017, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on May 16, 2017.  On August 4, 2017, we promptly filed PERM.  Eventually, on December 21, 2017, 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 January 11, 2018 via premium processing service. Eventually, on January 22, 2018, the I-140 EB-2 Petition for our Korean client was approved without any Request for Evidence (RFE).

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Post image for PERM Labor Certification Approval for Indian Chief Financial Officer Beneficiary and Wastewater Management Company Petitioner in Missouri

CASE: PERM Labor Certification / Audit Response

EMPLOYER: Wastewater Management Company

BENEFICIARY: Indian Chief Financial Officer

LOCATION: Missouri

Our client’s current employer was willing to petition her for a second-preference petition (I-140).  Our client has a Master’s degree in Business Administration (MBA) in the United States and work experience. Based on our client’s educational, professional and work background, our office determined that she is clearly eligible for EB-2 classification for her I-140 petition.  Our client eventually retained us in August 2016.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on January 10, 2017.  On May 3, 2017, we promptly filed PERM.

However, on July 28, 2017, 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 August 8, 2017.  

Eventually, on January 9, 2018, the PERM Labor Certification was approved – an EB2 position for the Indian beneficiary. Now, our client can file the I-140.

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Post image for J-2 Waiver of Two-Year Foreign Residency Requirement, Post-Divorce Interested Government Agency Approval for Chinese Client in China

CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce
NATIONALITY: Chinese
LOCATION: China

Our client is a citizen of China who came to the U.S. on a J-2 Visa in April 2016.  She came with her husband who held a J-1 Visa as an exchange visitor.  Both were subject to the two-year foreign residency requirement.

Unfortunately, while they are residing in the United States, her marriage did not work out well. Eventually, she got divorced from her ex-husband in July 2017 in China. Our client has a U.S. citizen fiancé who would like to file I-129F fiancé visa for her, but could not be approved unless she fulfills two year foreign residency requirement or obtains a waiver.

Our client contacted our office and retained our firm to do her J-2 waiver on July 31, 2017. On August 2, 2017, the J-2 Waiver (DS-3035) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client was divorced from the J-1 visa holder.  Eventually, on August 21, 2017, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver. Finally, the USCIS issued I-612 waiver approval notice on January 4, 2018.

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Post image for Green Card Approval for Schedule A Nurse Manager Based on EB2 Petition for Filipina Beneficiary and Nursing Care Facility Petitioner in Houston, TX

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

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipina

LOCATION: Houston, TX

Our client is in the United States with an H-1B visa and has been working 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 27, 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.

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application. On May 1, 2017, 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.

Prior to the interview, we thoroughly prepared our client at via conference calls as well. On December 22, 2017, our client was interviewed at Houston Texas USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our client as well. Eventually, on the same day of her interview, her green card application was approved.

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