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Post image for Physical Therapist I-140 EB-2 Schedule A Approval for Taiwanese Beneficiary and Physician’s Office Petitioner in Brooklyn New York

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

EMPLOYER: Physician’s Office

BENEFICIARY: 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. Since the priority date for Taiwanese national will be current in October 2016 for the EB-2 category, she is eligible to file her adjustment of status application in October 2016.

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Post image for I-140 EB3 Approval for Taiwanese Radio Frequency Identification Engineer Beneficiary and Engineering Company Petitioner in Columbus Ohio

CASE: 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 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 working experience. He has been working for his current employer under H-1B status. Based on our client’s educational, professional and working 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). Now, our client can file his I-485 adjustment of status application since his priority date is current.  

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Post image for PERM EB-3 Labor Certification Approval for Taiwanese Radio Frequency Identification Engineer Beneficiary and Engineering Company Petitioner in Columbus Ohio

CASE: PERM Labor Certification

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 has requisite working experience. He has been working for his current employer under an H-1B status. Based on our client’s educational, professional and working 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 retention, the prevailing wage request was filed.  After we obtained a 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 an audit request. 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. Since his priority date is current, our client can file the I-140, I-485 green card application, and I-765 simultaneously.

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Post image for EB-2 Nurse Practitioner 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 family nurse practitioner. Her current employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a family 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 Bachelor’s and Master’s degrees in nursing and is a certified Nurse Practitioner. Our office was retained on December 17, 2015 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on March 17, 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.  On March 25, 2016, without any Request for Evidence (RFE), 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 April 21, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on June 30, 2016, the USCIS Texas 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 Nurse Practitioner EB-2 Schedule A I-140 Approval for Taiwanese Beneficiary and Physician’s Office Petitioner in Brooklyn New York

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

EMPLOYER: Physician’s Office

BENEFICIARY: Taiwanese

LOCATION: Brooklyn, NY

Our client is a family nurse practitioner. Her current employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a family nurse practitioner, he 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 Bachelor’s and Master’s degrees in nursing and is a certified Nurse Practitioner. Our office was retained on December 17, 2015 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on March 17, 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.  On March 25, 2016, without any Request for Evidence (RFE), the USCIS Nebraska Service Center approved her EB-2 I-140 petition. Since the priority date for a Taiwanese 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 Taiwanese J-1 Waiver No Objection Statement Approved for Client in Brown University Rhode Island

CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, No Objection Statement

NATIONALITY: Taiwanese

LOCATION: Rhode Island

Our Taiwanese client came to the U.S. on a J-1 Visa for her post-doctoral research program. Her her J-1 visa made her subject to the two-year foreign residency requirement. She wanted to file for adjustment of status as a derivative applicant of her husband’s employment-based I-140 based adjustment of status application.  However, due to the two-year foreign residency requirement, she had to obtain a waiver first before she files her adjustment of status application in the United States.

After she retained our firm, we prepared and filed a waiver request through a No Objection Statement (NOS) from the Taipei Economic and Cultural Representative Office in the U.S.  Our office contacted the TECR Office in Washington D.C. to make sure we knew all the requirements needed for their office to issue a no objection statement.  The Office requested numerous documents including a statement of reason for the waiver, employment letter, the applicant’s resume, a copy of her valid Taiwanese passport, and a copy of Form DS-3035.

On September 15, 2015, the J-1 Waiver (Form DS-3035) Application was filed to the Department of State.  We also sent a request to the Taipei Economic and Cultural Representative Office in the U.S. to issue a No Objection Statement and recommend this waiver based on the fact that our client would have been eligible to file an adjustment of status application but for the waiver.

The Taipei Economic and Cultural Representative Office in the U.S. eventually issued a No Objection Statement for our client, and sent this letter to the State Department’s Waiver Review Division.  On February 8, 2016, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. The CIS then issued a receipt and an I-612 approval notice on February 24, 2016.  Now that our client’s two-year foreign residency requirement is waived, she can file her green card application in the United States without going back to Taiwan for 2 years.

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Post image for Interested Government Agency J2 Waiver Post Divorce Approved for Taiwanese Client in San Jose California

CASE: J-2 Waiver of Two-Year Foreign Residency Requirement Post-Divorce

NATIONALITY: Taiwanese

LOCATION: San Jose, California

Our client is a Taiwanese Citizen who came to the U.S. on a J-2 Visa in 2010. She came with her husband who held a J-1 Visa as a Ph.D. student. Both were subject to the two-year foreign residency requirement.

Unfortunately, their marriage did not work out and she eventually got divorced from her ex-husband. She was still subject to the two-year foreign residency requirement, and she would like to change her status in the United States. Until she gets a waiver of the 2-year foreign residency requirement, she cannot change her status in the United States.

She contacted our office, and our firm was retained to do her J-2 waiver on August 28, 2015.

On September 1, 2015 the J-2 Waiver Application along with Form 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.

On October 9, 2015, the DOS sent a recommendation to the United States Citizenship and Immigration Service (USCIS) for our client be granted a waiver. On November 4, 2015, the USCIS issued the I-612 waiver approval.

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Post image for H-1B Extension Approval for Engineering Company Petitioner, Radio Frequency / Electrical Engineer Taiwanese Beneficiary in Columbus Ohio

CASE: H-1B Extension
PETITIONER:  Engineering Company
BENEFICIARY: Taiwanese Radio Frequency / Electrical Engineer

Our client is an engineering company that specializes in RFID (Radio Frequency Identification Technology) solutions.  Our client’s office is located near Columbus, Ohio.  They contacted our office in mid-June to seek legal assistance from our office for their foreign employee’s H-1B Extension.  The beneficiary obtained his Bachelor’s degree in Electrical Engineering in Taiwan and completed his Master’s program in the United States. The proffered position for the Beneficiary is a radio frequency / electrical engineer which we argued qualifies as a specialty occupation.  He has been working for the Petitioner for the last three years on a valid H-1B visa.

After retention, our office filed the H-1B visa petition with various supporting documents on July 8, 2014 via regular processing. Eventually, without any RFE, our client’s H-1B extension was approved on August 28, 2014. Now the Beneficiary can continue for the Petitioner on an H-1B status until September 28, 2017.

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Post image for Approved I-485 on Approved I-140 National Interest Waiver (NIW) Approval for Taiwanese Bionanotechnologist in Columbus Ohio

CASE: I-485 (National Interest Waiver)

CLIENT: Taiwanese

LOCATION: Columbus, OH

Our client contacted us about the possibility of doing a National Interest Waiver about a year ago. He is a post-doctorate researcher and scientist in the field of Bionanotechnology and polymer science, and is currently working as a post-doctorate researcher in an academic institution in Columbus, Ohio.

His significant contributions have placed him at the pinnacle of the field of bionanotechnology, biomedical engineering, polymer processing, thermo-fluid science, numerical simulation, and micro/nano technology. He is a leading scientist with an excellent reputation in the development of cell electroporation in micro/nanofluidic systems. He used the nanochannel to carry out electroporation. Our client also does research on DNA stretching dynamics in a modified molecular combining process.

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

As a primer, NIW applicants must have a master’s or higher degree. The landmark immigration case that discusses the standards for NIWs is Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm.1998). This case held that the qualifying applicant must show the following elements in his or her I-140 NIW petition: First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Next, it must be shown that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U. S. worker having the same minimum qualifications.

Our office prepared a 23-page brief for our client’s NIW filing. Our client also obtained 9 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication records, 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 OO).

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on March 10, 2014 along with his adjustment of status (I-485) application since EB-2 priority dates for Taiwanese nationals were current. On July 17, 2014, the USCIS approved his I-140 petition without any Requests for Evidence.

When we filed our client’s I-140 (NIW) application, we concurrently filed I-485 adjustment of status applications for our client and his wife. Everything went smoothly and the receipt notices and fingerprint appointment came on time. While our client was waiting for the adjudication of his I-140, our client received his work and travel permit from the USCIS.

Eventually, on August 20, 2014, the USCIS Nebraska Service Center approved our client and his wife’s adjustment of status application. Our client and his wife are now green card holders.

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Post image for I-140 National Interest Waiver (NIW) Approval for Taiwanese Bionanotechnologist in Columbus Ohio

CASE: I-140 / National Interest Waiver

CLIENT: Taiwanese

LOCATION: Columbus, OH

Our client contacted us about the possibility of doing a National Interest Waiver. He is a post-doctorate researcher and scientist in the field of Bionanotechnology and polymer science, and is currently working as a post-doctorate researcher in an academic institution in Columbus, Ohio.

His significant contributions have placed him at the pinnacle of the field of bionanotechnology, biomedical engineering, polymer processing, thermo-fluid science, numerical simulation, and micro/nano technology. He is a leading scientist with an excellent reputation in the development of cell electroporation in micro/nanofluidic systems. He used the nanochannel to carry out electroporation. Our client is also doing research on DNA stretching dynamics in a modified molecular combining process.

Upon review of his credentials and qualifications, our office determined that he may be 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.

Our office prepared a 23-page brief for our client’s NIW filing. Our client also obtained 9 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication records, 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 OO).

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on March 10, 2014 along with his adjustment of status (I-485) application since EB-2 priority date for Taiwanese nationals were current. On July 17, 2014, the USCIS approved his I-140 petition without any Requests for Evidence.

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