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Post image for Fiancé Visa Petition Approved for Petitioner from Ohio and Beneficiary from Naples Italy

CASE: Fiancé Visa

PETITIONER: US Citizen in Cleveland Ohio

BENEFICIARY: Italian

PETITION FILED: February 16, 2016

PETITION APPROVED: April 18, 2016

K-1 VISA APPROVED: July 1, 2016

Our client, a US Citizen Petitioner, met her Italian fiancé in the airplane in 2013. They started their relationship, and she visited Italy.  They have lived together in Italy and have two kids together. However, they did not get married yet. In 2016, they decided to get married and our client decided to file a fiancé petition for her fiancé.  She retained our firm to file a fiancé petition for him on February 4, 2016.

After retention, we informed our client about the necessary supporting documents to demonstrate the bona fide nature of their relationship. We helped her and her fiancé draft letters in support of the fiancé petition, and we filed the petition on February 16, 2016.

On April 18, 2016, little after two months of filing, the I-129F fiancée petition was approved. On July 1, 2016, our client’s fiancé appeared at the U.S. Consulate in Naples, Italy for his K-1 visa interview. The interview went well, and on July 1, 2016, the U.S. Embassy issued his K-1 visa. After the issuance of K-1 visa, our client’s fiancé came to the United States. They married on August 11, 2016 in Cleveland, Ohio and our client’s husband filed I-485 adjustment of status application to get his green card.

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Post image for H-1B Approval for Dental Clinic Petitioner, Nepalese Dentist Beneficiary in Cleveland Ohio

CASE: H-1B Visa Petition

PETITIONER:  Dental Clinic

BENEFICIARY: Nepalese Dentist in Cleveland, OH

Our client is a dental clinic located in Cleveland, Ohio.  They contacted our office in early March of this year to seek legal assistance for a possible H-1B petition for their foreign employee.

The beneficiary obtained her Doctor of Dental Surgery in the United States. Moreover, she is a licensed dentist in the state of Ohio. The proffered position for the Beneficiary is an associate dentist which clearly 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 service. This H-1B petition was selected after the lottery.

However, the USCIS issued Request for Evidence (RFE) on June 8, 2016 and requested beneficiary’s pay stubs during her OPT employment. Moreover, the USCIS asked Beneficiary to submit evidence to show whether she has maintained her non-immigrant status lawfully in the United States. Our office gathered the evidence from Beneficiary and submitted the Response to RFE to USCIS on June 22, 2016. Eventually, our client’s H-1B application was approved on August 24, 2016.

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Post image for O-1B Extraordinary Ability in the Arts Visa Approval for Korean Pianist in Columbus Ohio

CASE: I-129 (O-1B Petition)

CLIENT: Korean

LOCATION: Columbus, OH

Our client contacted us in May 2016 about the possibility of getting an O-1B visa in the United States. She is a renowned solo / collaborative pianist and is currently working with different performing groups and music establishments.  Our client was first place in several national competitions and had a chance to perform in Carnegie Hall in New York, one of the most prestigious musical venues in the world. She also performed in various distinguished musical groups, orchestras and bands.  Upon review of her credentials and qualifications, our office determined that she was qualified for the O-1B visa petition, alien of extraordinary ability in the Arts.

The regulation at 8 C.F.R. Section 214.2(o)(3)(iv) sets forth a multi-part analysis. First, a petitioner can demonstrate the beneficiary’s recognition in the field through evidence that the alien has been nominated for, or the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award. 8 C.F.R. Section 214.2(o)(3)(iv)(A).

If the petitioner does not submit this evidence, then a petitioner must submit sufficient qualifying evidence that satisfies at least three of the six categories of evidence listed below.

  1. Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements
  2. Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
  3. Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.
  4. A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications
  5. Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’s achievements
  6. A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence.

After the review of our client’s credentials and qualifications, we determined that our client meets 4 of the 6 categories, which is more than 3 required as an alien of extraordinary ability in Arts. She performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation. She achieved national or international recognition for her achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publication. She performed and will perform in a critical role for distinguished music groups, musicians, and musical establishment, and she has received significant recognition for her musical, scholarly, and performance achievements from various experts in her field of endeavor.

Our office prepared a 21-page brief for our client’s O-1B filing. Our client also obtained 9 letters of recommendation from experts in her field of endeavor. Our office also included her performance records, awards, media coverage, scholarly achievements, and other materials to show that she is an alien of extraordinary ability in piano performance.  Also, our office contacted the American Guild of Musical Artists and obtained a consultation letter (Advisory Opinion Letter) for her case. Lastly, we included her contracts with various employers and itineraries.

Our office filed her I-129 (O-1B) petition to the USCIS California Service Center on June 29, 2016 via regular processing. In August, our client decided to upgrade her case to premium processing, so our office filed premium processing request to USCIS on August 9, 2016.  Eventually, on August 19, 2016, the USCIS California Service Center approved the I-129 petition for our client’s O-1B visa.

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Post image for Taekwondo Coach EB-3 Green Card Approval for Korean Client in Cleveland Ohio

CASE: I-485 (Based on Approved EB-3 I-140)    
BENEFICIARY: Korean
LOCATION: Cleveland, Ohio

Our client is a former Taekwondo athlete, and is currently studying in the United States. He has a Taekwondo school which as 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.  Second preference petitions for Koreans 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 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 January 20, 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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On February 25, 2015, the prevailing wage request was filed.  After we obtained foreign degree evaluation report, our office filed the job order on April 21, 2015.  On July 15, 2015, we promptly filed PERM.  Eventually, on January 19, 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 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 April 8, 2016 via premium processing service. Eventually, on April 13, 2016, the I-140 EB3 Petition for our Korean client was approved without any Request for Evidence (RFE).

Once the I-140 petition was approved, our client retained our office again for his I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on May 6, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on August 15, 2016, 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 Naturalization and Citizenship N400 Approval for Haitian Client in Cleveland Ohio

Our client contacted us in March 2016 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from Haiti and obtained his green card in April 2002. He retained our office on March 15, 2016.

The N-400 application was filed on April 26, 2016 with all supporting documents. Prior to his citizenship interview, our office prepared him. On July 5, 2016, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Attorney Sung Hee (Glen) Yu 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 August 12, 2016. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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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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Post image for I-140 EB2 Approval for Kenyan Non-Profit Housewarming Project Manager Beneficiary and Non-Profit Housing Organization Petitioner in Cleveland Ohio

CASE: I-140 (EB-2)

EMPLOYER: Non-Profit Housing Organization

BENEFICIARY: Kenyan Non-Profit Housewarming Project Manager

LOCATION: Cleveland, OH

Our client is currently working as a Non-Profit Housewarming Project Manager whose current employer willing to petition him for a second-preference petition (I-140).  Our client has a bachelor’s and a master’s degree in a related field and work experience. He has been working for his current employer under OPT status. Based on our client’s educational, professional and work background, our office determined that he is eligible for EB-2 classification for his I-140 petition.  Our client eventually retained us.

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. On April 2, 2015, the prevailing wage request was filed.  Once we received the Prevailing Wage determination, our office filed the job order on August 20, 2015.  On November 20, 2015, we promptly filed PERM.

However, on May 2, 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 May 11, 2016.  

Eventually, on July 18, 2016, the PERM Labor Certification was approved – an EB2 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, employer’s tax records, and other necessary supporting documents. The I-140 Petition was filed on July 28, 2016 via premium processing service. Eventually, on August 8, 2016, the I-140 EB-2 Petition for our Kenyan client was approved without any Request for Evidence (RFE). When we filed his I-140, our office concurrently filed I-485 adjustment of status application for his green card. His green card will be approved once his priority dates are current.

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Post image for I-140 EB2 Approval for Nepali Dentist Beneficiary and Dental Group Petitioner in Cleveland Ohio

CASE: I-140 (EB-2)
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Nepali Dentist

 

Our client is from Nepal, who is currently working in the United States as an associate dentist under an F-1 (OPT) status. Her current employer was willing to do an immigration petition for her, second-preference. Our client has a Doctor of Dental Surgery degree in the United States. After talking to our client, our firm concluded that his employer can petition her as an associate dentist. Based on our client’s educational, professional and working backgrounds, our office determined that he is clearly eligible for EB-2 classification.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On September 15, 2015, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on November 30, 2015.  On February 22, 2016, we filed PERM.  Eventually, on June 14, 2016, the PERM Labor Certification was approved – an EB2 position for the Nepali 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 July 11, 2016 via premium processing service. Eventually, on July 21, 2016, the I-140 EB-2 Petition for our Nepalese client was approved without any Request for Evidence (RFE). When we filed her I-140, our office concurrently filed an I-485 adjustment of status application as well for her green card. Her green card will be approved once her priority dates are current.

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Post image for Marriage Based I-130 and I-485 Green Card Approval for Chinese Client in Cleveland Ohio

CASE: Marriage-Based Adjustment of Status

CLIENT: Chinese

LOCATION: Cleveland, OH

Our client came to the United States in November 2014 with a J-1 exchange visitor’s visa from the China. Later, she married a U.S. Citizen in February 2016 and retained our office for her petition and adjustment of status application.

She also asked us to file her daughter’s (Petitioner’s step-daughter) adjustment of status application.

Once retained, our firm prepared and filed the I-130 petition and I-485 adjustment of status application on April 13, 2016. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There were no requests for evidence.

Prior to the interview, we thoroughly prepared our clients in our office. On August 2, 2016, our clients were interviewed at the Cleveland, Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied them at their interview as well. After the interview, our client and her daughter’s green card applications were approved.

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CASE: L-1A petition extension / I-129

PETITIONER: Tire Company in Akron, OH

BENEFICIARY: Korean Quality Assurance Manager

Our client is a South Korean tire company which has its US research office in Akron, OH.  They contacted our office in the middle of May 2016 to seek legal assistance for a possible L-1A extension for their employee. He came from South Korea in November 2013 with his L-1A visa to work as a Quality Assurance Manager.

The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.

Upon retention, our office prepared and eventually filed the L-1A extension petition with various supporting documents. The application included a detailed employer support letter, documentation to demonstrate the qualifying corporate relationship between the parent company in South Korea and the U.S., financial documents, past experience documents, organization chart, and physical premises evidence among others. We filed the L-1A extension petition on June 14, 2016.

Eventually, our client’s L-1A application was approved on July 28, 2016 without any RFE. His L-1A status has been extended to October 2018.

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