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Post image for I-751 Removal of Conditions Approval for Indian Client in Long Island New York

CASE: I-751

APPLICANT: Indian

LOCATION: Long Island, NY

Our client contacted our office in January of 2016 regarding his I-751 application.

He is from India and he married a U.S. citizen in June 2013. Through his marriage, he obtained a 2-year conditional green card in March 2014.  His conditional residency was terminated in March 2016.

To comply with immigration requirements, our client and his wife had to file an I-751 Joint Petition to Remove Conditions. He retained our office on January 4, 2016 and our office prepared an I-751 application for our client with bona fide marriage evidence.

On January 11, 2016, our office filed an I-751 application to the USCIS with multiple affidavits from his friends and family members, a copy of birth certificate of their child, joint bank statements, joint tax records, utility bills, joint lease, and photos of our client and his wife to demonstrate the bona fideness of their marriage.

There was no RFE issuance or interview request for our client’s I-751 application. As a result, on January 25, 2017, the USCIS approved our client’s I-751 application and our client received his 10-year green card.

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Post image for H-1B Petition Approval for IT Consulting Company Petitioner in Jacksonville Florida and Indian Computer Systems Analyst Beneficiary in Charlotte North Carolina

CASE: H-1B Visa Petition

PETITIONER: IT Consulting Company in Jacksonville, FL

BENEFICIARY: Indian Systems Analyst in Charlotte, NC

Our client is an IT Consulting Company located in Jacksonville, FL.  They contacted our office in the middle of February last year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained his Bachelor’s degree in Information Technology in Belgium. Beneficiary is currently working in the United States under L-1 status. The proffered position for the Beneficiary is a Systems Analyst which we argued qualifies as a specialty occupation.

Upon retention, our office prepared and eventually filed the H-1B visa petition with various supporting documents on March 31, 2016 via regular processing. This H-1B petition was selected after the lottery.

However, on September 29, 2016, the USCIS issued Request for Evidence (RFE) for our client’s H-1B petition. USCIS requested Petitioner to submit additional evidence to establish that the proffered position to the beneficiary qualified as a “Specialty Occupation”, plus additional questions about the “in-house” nature of the employment. Moreover, the RFE requested our client to prove the Beneficiary’s qualification is sufficient to work as a systems analyst.

We gathered supporting documents from both the Petitioner and Beneficiary and did research on the industry, focusing on similarly sized businesses, to demonstrate that a bachelor’s degree is commonly required for this position. We also provided in-house employment proof.

In the response brief, our office argued that the degree requirement is common to this industry in parallel positions among similar organizations.  We provided evidence that the position of Systems Analyst or Computer Systems Analyst is a common position required by similarly sized IT consulting company.  Also, we provided evidence that Petitioner’s competitors normally require degrees in a specific specialty for closely related positions like that of Systems Analyst.  Moreover, our office asserted that the nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree in a specific specialty. Furthermore, we included several professional evaluation letters for Beneficiary’s degree and previous work experience to demonstrate that he is qualified. Other documents pertaining to an in-house project was also submitted.

Our office filed a detailed Response to RFE brief with many exhibits to the USCIS Vermont Service Center on December 19, 2016.  Eventually, our client’s H-1B application was approved on January 12, 2017. Now, the beneficiary can work for the Petitioner until August 2019.

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Post image for Naturalization and Citizenship N400 Approval for Indian Client in Ohio

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Indian

LOCATION: Ohio

Our client contacted us in April 2016 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from India and obtained his green card in September 1984.

Once retained, his N-400 application was filed on May 3, 2016 with all supporting documents. Prior to his citizenship interview, our office prepared him. On November 28, 2016, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Attorney JP Sarmiento from our office accompanied our client as well. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on November 30, 2016. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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Post image for Systems Analyst H-1B Petition Approval for IT Consulting Company Petitioner in Jacksonville Florida and Indian Beneficiary in India

CASE: H-1B Visa Petition

PETITIONER: IT Consulting Company in Jacksonville, FL

BENEFICIARY: Indian Systems Analyst in India

Our client is an IT Consulting Company located in Jacksonville, FL.  They contacted our office in the middle of February this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained his Bachelor’s degree in Computer Science in India. Beneficiary is currently residing at India. The proffered position for the Beneficiary is a Systems Analyst which we argued qualifies as a specialty occupation.

Upon retention, our office prepared and eventually filed the H-1B visa petition with various supporting documents on March 31, 2016 via regular processing. This H-1B petition was selected after the lottery.

However, on September 13, 2016, the USCIS issued Request for Evidence (RFE) for our client’s H-1B petition. USCIS requested Petitioner to submit additional evidence to establish that the proffered position to the beneficiary qualified as a “Specialty Occupation”, plus additional questions about the “in-house” nature of the employment.

We gathered supporting documents from both the Petitioner and Beneficiary and did research on the industry, focusing on similarly sized businesses, to demonstrate that a bachelor’s degree is commonly required for this position. We also provided in-house employment proof.

In the response brief, our office argued that the degree requirement is common to this industry in parallel positions among similar organizations.  We provided evidence that the position of Systems Analyst or Computer Systems Analyst is a common position required by similarly sized IT consulting company.  Also, we provided evidence that Petitioner’s competitors normally require degrees in a specific specialty for closely related positions like that of Systems Analyst.  Moreover, our office asserted that the nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree in a specific specialty. Other documents pertaining to an in-house project was also submitted.

Our office filed a detailed Response to RFE brief with many exhibits to the USCIS Vermont Service Center on November 23, 2016.  Eventually, our client’s H-1B application was approved on December 12, 2016. Now, the beneficiary can apply for an H-1B visa at the U.S. Embassy in India, and upon the issuance of visa, he can work for the Petitioner.

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Post image for I-140 EB-11 (Alien of Extraordinary Ability) Approval for Indian Chemist in Massachusetts

CASE: I-140 / EB-11 (Alien of extraordinary ability)

CLIENT: Indian Chemist

LOCATION: Massachusetts

Our client contacted us in December 2016 about the possibility of getting an immigrant visa through the EB-11 category. He is an internationally well-known chemist and is currently working as a researcher in Boston, MA.  Our client has written numerous internationally recognized scholarly articles in his field of endeavor.  However, he filed his EB-11 I-140 petition by himself previously, and got a denial. Upon review of his credentials and qualifications, our office determined that he was definitely qualified for the EB-11 category, an alien of extraordinary ability.

According to the INA Section 203(b) states, in pertinent part, that:

  1. Priority workers – visas shall first be made available… to qualified immigrants who are aliens described in any of the following sub-paragraphs (A) through (C):
  1. Aliens with extraordinary – an alien is described in this sub-paragraph if-
  1. The alien has extraordinary ability in the sciences, arts, education, business, or athletes which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
  2. The alien seeks to enter the United States to continue work in the area of extraordinary ability, and
  3. The alien’s entry into the United States will substantially benefit prospectively the United States.

USCIS has consistently recognized that Congress intended to set a very high standard for individuals seeking immigrant visas as aliens of extraordinary ability.  See H.R. 723 101st Cong.2d Sess. 59 (1990); 56 Fed. Reg. 60897, 60898-99 (Nov. 29, 1991).  The term “extraordinary ability” refers only to those individuals in that small percentage who have risen to the very top of the field of endeavor. Id. And 8 C.F.R. § 204.5(h)(2).

The regulation at 8 C.F.R. § 204.5(h)(3) requires that an alien demonstrate his or her sustained acclaim and the recognition of his or her achievements in the field.  Such acclaim and achievements must be established either through evidence of a one-time achievement (that is, a major international recognized award) or through meeting at least three of the following ten categories of evidence:

  1. Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
  1. Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
  1. Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought.  Such evidence shall include the title, date, and author of the material, and any necessary translation;
  1. Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
  1. Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
  1. Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;
  1. Evidence of the display of the alien’s work in the field at an artistic exhibitions or showcases;
  1. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
  1. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
  1. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

After the review of our client’s credentials and qualifications, we determined that our client meets 3 of the 10 categories. Our client has made original scientific contributions of significance to the field of nuclear medicine and molecular imaging, in particular in the areas of cardiovascular diseases and imaging, cancer research, neurological disorders, and pharmaceutical sciences. He has authorship of scholarly articles in his professional field of endeavor. Lastly, our client has participated as a judge of the work of others in the same or an allied field of specialization for which classification is sought.

Our office prepared a 36-page brief for our client’s EB-11 filing. Our client also obtained 7 letters of recommendation from internationally well-known scholars in his field of endeavor. Our office also included his record of publications, citations, conference proceedings and invited talks, journal reviewer invitation evidence and other materials to show that he is an alien of extraordinary ability in plant engineering research. His EB-11 I-140 application contained 90 exhibits.

Our office filed his I-140 (EB-11) petition to the USCIS Texas Service Center via regular processing on May 25, 2016. Eventually, without any RFE, the USCIS Texas Service Center approved his I-140 self-petition on November 23, 2016.

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Post image for I751 Approval for Indian Client in Ohio with Waiver of Joint Filing Requirement due to Divorce

CASE: I-751 / Waiver of the Joint Waiver Requirement

APPLICANT: Indian

LOCATION: Ohio

Our client contacted our office in early September of 2014 regarding her potential I-751 filing. She came to the United States from India and she married a U.S. Citizen (her ex-husband) in July 2013.

Through her marriage, she was able to obtain a 2-year conditional green card in March of 2014. Thus, her conditional residency terminated in March 2016.

Unfortunately, their marriage ended in October 2014. Our client experienced a lot of difficulties during her marriage with her ex-husband. Thus, our client could not file the I-751 application jointly with her ex-husband.

Once retained, we requested a waiver because our client entered into the marriage in good faith, but the marriage was terminated through divorce or annulment before they can file a joint petition. We focused on the supporting documents that she can show and helped her draft an extensive affidavit about their marriage, and why it ended the way it did.

On October 15, 2014, our office filed the I-751 application with various supporting documents (over 26 exhibits and an affidavit over 7 pages) to demonstrate our client’s bona fide marriage with her ex-husband.  

In October 2016, the USCIS scheduled an I-751 interview for our client.

Prior to the interview, our office thoroughly prepared our client at our office and informed them of potential issues at the interview.

On October 13, 2016, our client was interviewed for her I-751 application at the USCIS Cleveland, OH Field Office.  Attorney JP Sarmiento from our office accompanied our client.  The interview was very extensive.  Nevertheless, the USCIS approved our client’s I-751 application on November 9, 2016. Now, she has her ten-year green card.

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Post image for Marriage Based I-130 Petition and I-485 Adjustment of Status Green Card Approval for Indian Client in Cincinnati Ohio

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Indian                                                                                                        

LOCATION: Cincinnati, OH

Our client is from India who came to the U.S. on a J-1 Exchange Visitor’s Visa in May 2007. After his J-1 status expired, he remained in the United States. His J-1 program was not subject to the INA 212(e) two year foreign residency requirement. In February 2016, our client married his current U.S. citizen wife.  He retained our office on May 25, 2016 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 5, 2016.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our clients at our office as well. On October 24, 2016, our client was interviewed at Cincinnati Ohio USCIS office. Eventually, on October 25, 2016, his green card application was approved.

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Post image for Marriage Based I-130 Petition and I-485 Adjustment of Status Green Card Approval for Indian Client in Cleveland Ohio

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Indian                                                                                                        

LOCATION: Cleveland, OH

Our client is from India who came to the U.S. on a F-1 Student’s Visa in August 2011.  In May 2016, our client married his current U.S. citizen wife.  He retained our office on May 20, 2016 for his green card application.  Our firm prepared and filed the I-130 Petition and Adjustment of Status Application on July 5, 2016.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our clients at our office as well. On October 14, 2016, our client was interviewed at Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu accompanied our clients as well. Eventually, on October 17, 2016, his green card application was approved.

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Post image for EB-2 I-140 Approval for Indian Computer Systems Analyst Beneficiary and IT Consulting Company Petitioner in Jacksonville Florida

CASE: EB-2 / I-140

EMPLOYER: IT Consulting Company

BENEFICIARY: Indian Computer Systems Analyst

LOCATION: Jacksonville, FL

Our client is a computer systems analyst from India, who is currently working at an IT consulting company in Jacksonville, Florida who was willing to do an immigration petition for him for a second-preference petition (I-140 EB-2).  Our client has a Master of Science degree in Computer Information Systems and has worked for this company under H-1B status.  After talking to our client, our firm concluded that his employer can petition him as a Computer Systems Analyst II. Based on our client’s educational, professional and working background, our office determined that he is clearly eligible for the EB-2 classification for his I-140 petition.

Prior to filing PERM labor certification, 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 Labor Certification application could be filed at least 60 days from the job posting date or 30 days from the last ad. Once retained, our office filed the prevailing wage request in April 2015.  On October 16, 2015, we filed the PERM labor certification application.  Eventually, on March 24, 2016, less than 6 months from filing, the PERM labor certification was approved – an EB2 position for the Indian Computer Systems Analyst.

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 2, 2016 via regular processing service. Eventually, on October 6, 2016, the I-140 EB-2 Petition for our Indian client was approved without any Request for Evidence (RFE). Our client can file his I-485 adjustment of status application once his priority date becomes current.

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Post image for With Potential Immigrant Intent Issue, I-130 and I-485 Green Card Approval for Indian Client in Cleveland Ohio

CASE: Marriage-Based Adjustment of Status

CLIENT: Indian

LOCATION: Cleveland, OH

Our client came to the United States from India on a B-2 visitor’s visa in December 2015. He married a U.S. Citizen in June 2015 in India and came to the United States with his wife to visit his in-laws. Later, they changed their plan and decided to stay in the United States. They contacted and retained our office for his green card application. They were concerned about possible immigrant intent issues due to the entry on a B-2 visa despite getting married in India prior to this entry. Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on May 9, 2016.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our clients at our office.  On August 15, 2016, our client was interviewed at Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients as well. Eventually, after the interview, his green card application was approved.

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