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Post image for EB3 Schedule A Nurse Green Card Approval for Filipino Registered Nurse in Houston Texas

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipino

LOCATION: Houston, TX

Our client’s beneficiary is a registered nurse from the Philippines licensed in the state of Texas. He came to the United States and currently works in the United States on his H-1B status.  His current employer was willing to petition him for a third-preference employment immigrant visa petition (I-140).

Since he 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 nursing degree and has worked for the sponsor-employer. Our firm told him that his employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on April 10, 2014 and started on his Prevailing Wage Request.

We filed the I-140 application on June 25, 2014 via regular processing. We included the job offer letter, the notice of filing, and other necessary supporting documents.  However, on February 26, 2015, the USCIS Texas Service Center issued the Request for Evidence (RFE). According to the RFE, the USCIS requested our client to submit his valid Texas nursing license certificate. Our office filed the Response to RFE with our client’s Texas nursing license certificate on April 1, 2015. Eventually, on April 18, 2015, 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 April 27, 2015.

However, the priority date of Eb-3 category for the Philippines national backlogged. Our client had to wait until the priority date becomes current. In March 2017, his priority date becomes current. Eventually, our client’s adjustment application was approved by the USCIS on September 1, 2017.  After a long wait, our client is finally a green card holder.

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Post image for Green Card (EB3 Schedule A Nurse) Approval for Filipina Registered Nurse Beneficiary and Nursing and Rehabilitation Center Petitioner in Houston Texas

CASE: I-484 (Adjustment of Status) I-140 Schedule A / Old Priority Date Retention

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina

LOCATION: Houston, TX

Our client’s beneficiary is a registered nurse from the Philippines licensed in the state of Texas. She came to the United States in 2013 and now she holds an F-1 student status. Her prospective employer was willing to petition her for a third-preference employment immigrant visa petition (I-140). Our client also has an approved EB-3 I-140 petition with a priority date of March 2012.

Since she is a registered nurse, she is eligible for “Schedule A” classification. The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without first going to the DOL for a labor certification. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. The position of Professional Nurses is included in Schedule A.

Also, under 8 CFR 204.5(e):

“Retention of section 203(b)(1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.”

As mentioned above, our client’s approved I-140 petition was not denied, was actually approved, and was never revoked at any point. Thus, by virtue of 8 CFR 204.5(e), this succeeding I-140 Petition by our client’s prospective employer for our client is entitled to the previous priority date.

Our client has a nursing degree and has several years of related experience. Our firm told her that her potential employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on November 17, 2014 and started on her Prevailing Wage Request.

We filed the I-140 application on April 29, 2015 via regular processing. We also concurrently filed her I-485 adjustment of status since EB-3 priority date for our client was current at the time of her I-485 filing. We included the job offer letter, the notice of filing, her previous I-140 approval notice, and other necessary supporting documents. Later, on May 13, 2015, our client upgraded her I-140 processing from regular to premium processing.   

However, the USCIS issued a Request for Evidence (RFE) for our client’s degree evaluation document. Our office filed Response to RFE on May 29, 2015. Eventually, on June 2, 2015, the I-140 was approved and it retained our client’s old priority date.  

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 April 28, 2015.

However, the priority date of Eb-3 category for the Philippines national backlogged. Our client had to wait until the priority date becomes current. In March 2017, her priority date becomes current. Eventually, our client’s adjustment application was approved by the USCIS on August 15, 2017.  After a long wait, our client is finally a green card holder.

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

CASE: Immigrant Visa / I-140 (EB-3 Category) / Schedule A / Old Priority Date Retention

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipino Registered Nurse in the Philippines

LOCATION: Petitioner: Des Plaines, IL / Beneficiary: Manila, Phlippines

Our client’s beneficiary is a registered nurse from the Philippines licensed in the state of Illinois. Currently, he is working at a hospital in the Philippines as a nurse. His prospective employer was willing to petition him for a third-preference employment immigrant visa petition (I-140). Our client also has an approved EB-3 I-140 petition with a priority date of December 2008.

Since he is a registered nurse, she is eligible for “Schedule A” classification. The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without first going to the DOL for a labor certification. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. The position of Professional Nurses is included in Schedule A.

Also, under 8 CFR 204.5(e):

“Retention of section 203(b)(1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.”

As mentioned above, our client’s approved I-140 petition was not denied, was actually approved, and was never revoked at any point. Thus, by virtue of 8 CFR 204.5(e), this succeeding I-140 Petition by our client’s prospective employer for our client is entitled to the previous priority date.

Our client has a nursing degree and has several years of related experience. Our firm told him that his potential employer can petition him as a Registered Nurse under the schedule A category. More importantly, since the priority date of his previous I-140 was current, he can eventually apply for his immigrant visa via consular processing. Our office was retained on September 21, 2016 and started on his Prevailing Wage Request.

We filed the I-140 application on December 18, 2015 via regular processing. We included the job offer letter, the notice of filing, his previous I-140 approval notice, and other necessary supporting documents.  Later, we upgraded our client’s I-140 petition to premium processing. Eventually, on June 2, 2016, the I-140 was approved and it retained our client’s old priority date.  

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 October 28, 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. On June 8, 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 Priority Date Retention Nurse Immigrant Visa Approval for Filipina Client in Phnom Penh Cambodia

CASE: Immigrant Visa / I-140 (EB-3 Category) / Schedule A / Old Priority Date Retention

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse in Cambodia

LOCATION: Beneficiary: Cambodia / Petitioner: Houston, TX

Our client’s beneficiary is a registered nurse from the Philippines licensed in the state of Texas. Currently, she is in Cambodia. Her prospective employer was willing to petition her for a third-preference employment immigrant visa petition (I-140). Our client also has an approved EB-3 I-140 petition with a priority date of June 2007.

Since she is a registered nurse, she is eligible for “Schedule A” classification. The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without first going to the DOL for a labor certification. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. The position of Professional Nurses is included in Schedule A.

Also, under 8 CFR 204.5(e):

“Retention of section 203(b)(1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.”

As mentioned above, our client’s approved I-140 petition was not denied, was actually approved, and was never revoked at any point. Thus, by virtue of 8 CFR 204.5(e), this succeeding I-140 Petition by our client’s prospective employer for our client is entitled to the previous priority date.

Our client has a nursing degree and has several years of related experience. Our firm told her that her potential employer can petition her as a Registered Nurse under the schedule A category. More importantly, since the priority date of her previous I-140 was current, she can eventually apply for her immigrant visa via consular processing. Our office was retained on December 16, 2015 and started on her Prevailing Wage Request.

We filed the I-140 application on March 10, 2016 via premium processing. We included the job offer letter, the notice of filing, her previous I-140 approval notice, and other necessary supporting documents. However, the USCIS issued RFE and alleged that the notice of filing document was not submitted. Though we properly included the notice of filing document at the initial filing of I-140 petition, our office filed the “notice of filing (job opening)” document again on March 25, 2016.  Eventually, on March 28, 2016, the I-140 was approved and it retained our client’s old priority date.  

Once her I-140 was approved, our client retained our office again for her immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on July 12, 2016, who in turn forwarded the client’s materials to the U.S. Embassy in Phnom Penh, Cambodia. An interview notice was set for the client at the U.S. Embassy in Cambodia. On May 16, 2017, our client appeared at the U.S. Embassy in Phnom Penh, Cambodia. The interview went well, and the Embassy approved and issued her immigrant visa.

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

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Post image for Green Card on Approved EB-3 I-140 for Taiwanese Radio Frequency Identification Engineer in Columbus Ohio

CASE: EB-3 Green Card Approval Based on Approved I-140 (EB-3)

EMPLOYER: Engineering Company

BENEFICIARY: Taiwanese Radio Frequency Identification Engineer

LOCATION: Columbus, OH

Our client is currently working as a Radio Frequency Identification Engineer (RFID) whose current employer was willing to petition him for a third-preference petition (I-140).  Our client has a bachelor’s and a master’s degree in a related field and work experience as well. He has been working for his current employer under an H-1B status. Based on our client’s educational, professional and work background, our office determined that he is clearly eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us in March 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 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 August 31, 2015.  On November 11, 2015, we promptly filed PERM.

However, on April 14, 2016, the Department of Labor issued a request for audit. The DOL requested documents from Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on April 29, 2016.  

Eventually, on June 30, 2016, the PERM Labor Certification was approved – an EB3 position for the Taiwanese 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 31, 2016, the I-140 EB-3 Petition for our Taiwanese 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 7, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on May 3, 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 EB3 Green Card Approval for Kyrgyz Registered Nurse in Chicago Illinois

CASE: I-485 based on Approved I-140 (EB-3)

APPLICANT: Kyrgyz

LOCATION: Chicago, IL

Our client is a registered nurse from Kyrgyzstan, who is currently working at a Nursing Care Facility who was willing to petition her for a third-preference petition (I-140).  She has maintained her status as an F-1 and F-2 visa holder in the United States.  She had an approved I-140 petition which was filed by her current employer and this I-140 petition’s priority date was June 10, 2016.

In September 2016, she contacted our office and retained us for her and her husband’s I-485 adjustment of status applications. Our office filed an I-485 adjustment of status application for our client and her husband on October 3, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

However, on December 14, 2016, the USCIS issued Request for Evidence for our client and her husband’s adjustment of status application. The USCIS requested our clients to submit more evidence to demonstrate their lawful maintenance in the United States after their last admission to the U.S.  Our office prepared and filed the Response to RFE to USCIS on February 20, 2017 along with documentary evidence that our clients provided.

Eventually, on March 8, 2017, the USCIS Nebraska Service Center approved our client’s and her husband’s adjustment of status applications. They are now green card holders.

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Post image for I-140 EB-3 Approval for Korean Fashion Design and Display Manager Beneficiary and Fashion and Clothing Company Petitioner in Cleveland Ohio

CASE: I-140 (EB-3)    
EMPLOYER: Clothing Company in Cleveland, OH
BENEFICIARY: Korean Fashion Design / Display Manager

Our client is from South Korea, who is currently in H-4 status. Her prospective employer was willing to do an immigration petition for her, third-preference. Our client has a Bachelor of Fashion Design Degree and used to work as a fashion designer in South Korea. After talking to our client, our firm concluded that her prospective employer can petition her as a Fashion Design and Display Manager. Based on our client’s educational, professional and working backgrounds, our office determined that she is clearly 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 July 15, 2016, we promptly filed PERM.  Eventually, on October 5, 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 9, 2016. Eventually, on February 28, 2017, the I-140 EB-3 Petition for our Korean client was approved. Our client can file her I-485 adjustment application.

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Post image for EB3 Green Card Approval for Nepalese Systems Analyst in Minnesota

CASE: I-485 based on Approved I-140 (EB-3)

APPLICANT: Nepalese

LOCATION: Minnesota

Our client is a chemist from Nepal, who is currently working at an IT consulting company who was willing to petition him for a third-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 December 22, 2014.

In June 2016, he contacted our office and retained us for his and his wife’s I-485 adjustment of status applications. Our office filed an I-485 adjustment of status application for our client and his wife on July 19, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

However, on September 30, 2016, the USCIS issued Request for Evidence for our client and his wife’s adjustment of status application. The USCIS requested our clients to submit more evidence to demonstrate their lawful maintenance in the United States after their last admission to the U.S.  Our office prepared and filed the Response to RFE to USCIS on December 13, 2016 along with documentary evidence that our clients provided.

Eventually, on January 12, 2017, the USCIS Nebraska Service Center approved our client’s and his wife’s adjustment of status applications. They are now green card holders.

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Post image for EB-3 I-140 Approval for Kenyan Sales Manager Beneficiary and Hydraulic Pumps and Motors Manufacturing Company Petitioner in West Virginia

CASE: EB-3 I-140 Petition
EMPLOYER: Hydraulic Pumps and Motors Manufacturing Company in WV
BENEFICIARY: Kenyan Sales Manager in Kenya

 

Our client is from Kenya, who used to work in the U.S. on his H-1B status. His former employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor of Business Administration Degree and has worked for the current employer as a Sales Manager. After talking to our client, our firm concluded that his employer can petition him as a Sales Manager. Based on our client’s educational, professional and working backgrounds, our office determined that he is clearly 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 July 6, 2016.  On September 27, 2016, we promptly filed PERM.  Eventually, on November 22, 2016, the PERM Labor Certification was approved – an EB3 position for the Kenyan beneficiary.

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, ability to pay letter, and other necessary supporting documents. The I-140 petition was filed on December 9, 2016 via premium processing service. However, the USCIS issued Request for Evidence (RFE) on December 21, 2016 and request our client to submit documents regarding Beneficiary’s special skills for the proposed job position and employer’s ability to pay proffered wage. Our office prepared and filed Response to RFE to USCIS on January 3, 2017.

Eventually, on January 5, 2017, the I-140 EB-3 Petition for our Kenyan client was approved. Now, our client can file his immigrant visa application in Kenya once his priority date becomes current.  

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Post image for I-140 EB3 Approval for Korean Product Safety – Quality Assurance Director Beneficiary and Beauty Supply Distributing / Retail Company Petitioner in Cleveland Ohio

CASE: I-140 (EB-3)
EMPLOYER: Beauty Supply Distributing / Retail Company in Cleveland, OH
BENEFICIARY: Korean Product Safety / Quality Assurance Director

 

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 educational, professional and working backgrounds, our office determined that he is clearly 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). Our client can file his I-485 adjustment this month.

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