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Post image for PERM Labor Certification Approval for Taiwanese Outpatient Services Clinician Beneficiary and Children’s Mental Health and Welfare Agency Petitioner in Columbus Ohio

CASE: PERM Labor Certification    
EMPLOYER: Children’s Mental Health and Child Welfare Agency
BENEFICIARY: Taiwanese Outpatient Services Clinician
LOCATION: Columbus, OH

Our client is a comprehensive children’s mental health and child welfare agency which was willing to petition for an Outpatient Services Clinician position for a second-preference petition (I-140).  Our client’s employee has a master’s degree in Social Administration and is currently working for them under H-1B status. After talking to our client, our firm concluded that this employer can petition her as an Outpatient Services Clinician.  Second preference petitions for Taiwanese people 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 she is clearly eligible for EB-2 classification for her I-140 petition.  Our client eventually retained us on November 2, 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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On November 8, 2016, the prevailing wage request was filed.  After we obtained determined prevailing wage, our office filed the job order on February 16, 2017.  On July 14, 2017, we promptly filed PERM.  Eventually, on December 4, 2017, the PERM Labor Certification was approved – an EB2 position for the Taiwanese beneficiary. Now our client can file the I-140 petition.

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Post image for I-140 EB-3 Approval for Korean Taekwondo Coach Beneficiary and Taekwondo (Martial Arts) School Petitioner in Ohio

CASE: I-140 (EB-3)
EMPLOYER: Taekwondo (Martial Arts) School
BENEFICIARY: Korean
LOCATION: Ohio

Our client is a former Taekwondo athlete, who currently studies in the United States. He has a Taekwondo school which was willing to petition him for a third-preference petition (I-140).  Our client has a bachelor’s degree in a related field. After talking to our client, our firm concluded that his potential employer can petition him as a Taekwondo Coach.  Based on our client’s educational, professional and working backgrounds, our office determined that he is clearly eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us on December 27, 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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On January 6, 2017, the prevailing wage request was filed.  After we obtained foreign degree evaluation report, our office filed the job order on March 29, 2017.  On July 18, 2017, we promptly filed PERM.  Eventually, on November 1, 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 November 13, 2017 via premium processing service. Eventually, on November 21, 2017, the I-140 EB3 Petition for our Korean client was approved without any Request for Evidence (RFE). He can file an I-485 adjustment of status application for his green at any time since his priority dates are current.

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Post image for EB-1C I-140 Petition Approval after Successful Response to RFE for Chinese General Manager and Child Care Center Petitioner in Cleveland Ohio

CASE: I-140 (EB-1C Category: Executives and Managers of Multinational Organizations)

EMPLOYER: Child Care Center in Cleveland, OH

BENEFICIARY: Chinese

LOCATION: Cleveland, OH

Our client is a Chinese company which has its US subsidiary in the greater Cleveland area.  In 2016, our client acquired a child development center which offered child care services to children from the age of 6 weeks to 12 years old. They contacted our office in the middle of August 2017 to seek legal assistance for a possible L-1A extension for their employee. He came from China in 2016 with his L-1A visa to work as a General Manager. In September 2017, he successfully extended his L-1A status through our legal assistance.

He contacted our firm again in October 2017 and retained us to respond to a Request for Evidence for his I-140 EB1C petition, which was originally filed by a different attorney. In 2016, his current employer filed this I-140 petition under the EB1C category, but the USCIS issued a Request for Evidence. He wanted us to handle his case and retained our office on October 5, 2017.

An employer can petition for its foreign employee under INA § 203(b)(1)(C) if it demonstrates the following: (C) Certain multinational executives and managers – An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien’s application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.

According to the INA §101(a)(44), 8 U.S.C. §1101(a)(44) and 8 C.F.R §204.5(j)(2), “executive capacity” means an assignment in an organization in which the employee primarily: (1) Directs the management of the organization or a component or function; (2) Establishes goals and policies; (3) Exercise wide latitude in discretionary decision making; and (4) Receives only general supervision or direction from higher level executives, board of directors or stockholders.

Also, above the mentioned statutes define “managerial capacity” as an assignment with the organization in which the employee personally: (1) Manages the organization, department, subdivision, function or component; (2) Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization or department or subdivision of the organization; (3) Has authority to hire and fire or recommend personnel actions (if another directly supervises employees), or if no direct supervision, functions at a senior level; and (4) Exercises discretion over day-to-day operations of the activity or function.

After our office was retained, we prepared a thorough cover letter and obtained all necessary supporting documents from our client and the petitioning company. In our brief, we clearly demonstrated that our client met the requirements set forth in the INA §203(b)(1)(C).  First, the prospective U.S. employer (Petitioner-Company) has been doing business for at least 1 year.  Second, the prospective employer (Petitioner) in the United States is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien was employed abroad.  Third, if the worker is already employed in the United States, he or she was employed outside the United States for at least 1 year in the 3 years preceding admission as a non-immigrant in an executive or managerial capacity by the petitioner or by its parent branch, subsidiary, or affiliate. Last, the alien is to be employed in the United States in a managerial or executive capacity.

The RFE letter thoroughly requested our client to demonstrate the qualifying relationship between the parent company in China and his current employer. Moreover, the USCIS requested our client to show whether he met the requirement of “one year managerial or executive position abroad.”

On the application package, we included a detailed job offer letter, employment verification letter from our client’s previous employer (parent company), and an organization chart.  Also, we included evidence regarding the relationship between the Petitioner-Company and its Parent company in China.  The evidence included a copy of the certificate of ownership, a copy of the articles of incorporation, a copy the business registration certificate, a copy of the tax records, etc.  Our office filed the Response to RFE on November 3, 2017 with 39 exhibits (A to MM). Eventually, on November 15, 2017, the I-140 petition was approved.  Now, our client can file the I-485 adjustment of status application based on the approved I-140 petition.

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Post image for Green Card Approval (EB-2 NIW) for Korean Polymer Engineering Researcher in Akron Ohio

CASE: I-485 Adjustment of Status / National Interest Waiver

CLIENT: Korean

LOCATION: Akron Ohio

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

Our client is an extraordinary researcher and engineer in the field of polymer engineering; specifically, the development of specialty polymer composites and dispersion technology of nano-particles/pigments. His significant contributions have placed him at the pinnacle of his field. His expertise is in the fields of chemical and materials science research. Throughout his research career, he 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.

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, patents, 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.

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on February 22, 2016. Eventually, on April 28, 2017, the USCIS approved his I-140 petition without any Requests for Evidence.  Our office filed his I-485 application along with his I-140 petition concurrently. On November 16, 2017, the USCIS approved his I-485 application as well. Now, he is a green card holder.

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Post image for PERM Labor Certification Approval for Chinese Cook Beneficiary and Chinese Restaurant Petitioner in Ohio

CASE: PERM Labor Certification    
EMPLOYER: Chinese Restaurant
BENEFICIARY: Chinese
LOCATION: Ohio

Our client is a Chinese restaurant in Ohio. They do have a prospective employee from China and they were willing to petition him for a skilled worker, third-preference petition (I-140). Their prospective employee has more than 2 years of experience as a Chinese cook. After talking to our client, our firm concluded that they can petition him as a Chinese Specialty Cook. Our client eventually retained us on September 29, 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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On October 6, 2016, the prevailing wage request was filed.  After we got the PW determination, our office filed the job order on January 24, 2017.  On June 9, 2017, we promptly filed PERM.  Eventually, on October 25, 2017, the PERM Labor Certification was approved – an EB3 position for the Chinese beneficiary. Now our client can file the I-140 petition.

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Post image for Cap Exempt H-1B Approval for School Petitioner (Nonprofit Organization Affiliated with an Institution of Higher Education) in New Mexico and Filipina Middle School Math Teacher

CASE: H-1B Visa Petition

PETITIONER: School in New Mexico

BENEFICIARY: Filipina Middle School Math Teacher

ISSUES: Cap-Exempt, Research Organization

Our client is a non-profit organization affiliated with five institutions of higher education. They contacted our office in September 2017 to seek legal assistance from our office for their foreign employee. The beneficiary is a Middle School Math Teacher from the Philippines.  

The proffered position for the Beneficiary is a Middle School Math Teacher. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Science or its equivalent.

In the first week of April, the numerical cap of H-1B visas for fiscal year 2018 was already reached. However, our client is qualified for cap-exempt petitions since it is a non-profit organization affiliated with an Institution of Higher Education as defined in 8 C.F.R. 214.2(h)(19)(iii)(B).

Once retained, our office filed the H-1B visa petition with various supporting documents on October 13, 2017, via premium processing. There were no Requests for Evidence during the processing of the H-1B. Eventually, our client’s H-1B application was approved on October 18, 2017.  She can now work for her employer for three years on an H-1B status.

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Post image for I-140 National Interest Waiver Approval for Korean Researcher (in the field of Genetic Engineering) in Denver Colorado

CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Denver, CO

Our client contacted us in July 2014 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 genetic engineering and apoptosis.

Our client’s significant contributions have placed him at the pinnacle of his field. Throughout his research career, he has made critical research contributions in programmed cell death where he used genetic analysis in the round worm to gain important insights into human cancer. Our client has devoted himself to research in the aforementioned fields for more than 15 years and his outstanding research were highly evaluated by reviewers of various journals and by colleagues and experts in the field.  Moreover, our client’s research works were published in one of the top academic journals in the world. His outstanding works were published in journals such as Science, Nature, and Proceedings of the National Academy of Sciences.

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. 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 33 exhibits (Exhibit A to GG).

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on November 16, 2016. Eventually, on October 25, 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 EB3 PERM Labor Certification Approval for Korean Taekwondo Coach Beneficiary and Taekwondo (Martial Arts) School Petitioner in Ohio

CASE: PERM Labor Certification    
EMPLOYER: Taekwondo (Martial Arts) School
BENEFICIARY: Korean
LOCATION: Ohio

Our client is a former Taekwondo athlete who currently studies in the United States. He has a Taekwondo school who was willing to petition him for a third-preference petition (I-140).  Our client has a bachelor’s degree in a related field. After talking to our client, our firm concluded that his potential employer can petition him as a Taekwondo Coach.  Based on our client’s educational, professional and working backgrounds, our office determined that he is clearly eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us on December 27, 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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On January 6, 2017, the prevailing wage request was filed.  After we obtained foreign degree evaluation report, our office filed the job order on March 29, 2017.  On July 18, 2017, we promptly filed PERM.  Eventually, on November 1, 2017, the PERM Labor Certification was approved – an EB3 position for the Korean beneficiary. Now our client can file the I-140 petition.

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Post image for PERM Labor Certification Approval for Korean Taekwondo Coach Beneficiary and Taekwondo (Martial Arts) School Petitioner

CASE: PERM Labor Certification    
EMPLOYER: Taekwondo (Martial Arts) School
BENEFICIARY: Korean
LOCATION: Cleveland, Ohio (Petitioner); Seoul, South Korea (Taekwondo Coach)

Our client is a former Taekwondo athlete who currently resides in South Korea. He had a Taekwondo school which was willing to petition him for a third-preference petition (I-140).  Our client has a bachelor’s degree in a related field. After talking to our client, our firm concluded that his potential employer can petition him as a Taekwondo Coach.  Based on our client’s education, professional and work background, our office determined that he was eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us on December 22, 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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On December 23, 2016, the prevailing wage request was filed.  After we obtained foreign degree evaluation report, our office filed the job order on March 21, 2017.  On June 7, 2017, we promptly filed PERM.  Eventually, on October 26, 2017, the PERM Labor Certification was approved – an EB3 position for the Korean beneficiary. Now our client can file the I-140 petition.

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Post image for EB3 Schedule A Registered Nurse Green Card Approval for Nepalese Registered Nurse in Katy Texas

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Nepalese

LOCATION: Houston, TX

Our client’s beneficiary is a registered nurse from Nepal and licensed in the state of Texas. She came to the United States and currently works in the United States on her TPS (Temporary Protected Status).  Her current employer was willing to petition her for a third-preference employment immigrant visa petition (I-140).

Since she is a registered nurse, 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 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 of nursing degree 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 June 15, 2016 and started on her Prevailing Wage Request.

We filed the I-140 application on October 20, 2016 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. However, on November 4, 2016, the USCIS issued Request for Evidence and asked our client to submit the copy of her bachelor’s degree certificate. Our office filed the response to USCIS on November 7, 2016.  Eventually, on November 15, 2016, the I-140 was approved.

Then, we proceeded with our client’s I-485 adjustment of status application. We prepared and file our client’s adjustment of status application along with supporting documents to USCIS on December 1, 2016. Eventually, our client’s adjustment application was approved by the USCIS on October 20, 2017 without any Request for Evidence.  After a long wait, our client is finally a green card holder.

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