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Post image for PERM Labor Certification Approval for Syrian Dentist Beneficiary and Dental Group Petitioner in Cleveland Ohio

CASE: PERM Labor Certification    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Syrian Dentist

 

Our client is from Syria, who is currently working in the United States as an associate dentist under Temporary Protected Status (TPS). His current employer was willing to do an immigration petition for him, second-preference. Our client has a Doctor of Dentistry degree in Syria which is evaluated as an equivalent degree of Doctor of Dental Surgery degree the United States. He also has a license to practice dentistry in the state of Ohio. After talking to our client, our firm concluded that his employer can petition him as an associate dentist. Based on our client’s educational, professional and work background, 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 August 29, 2016, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on December 22, 2016.  On March 3, 2017, we promptly filed PERM.  Eventually, on May 24, 2017, the PERM Labor Certification was approved – an EB2 position for the Syrian beneficiary. Now our client can file the I-140 petition.

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Post image for Marriage Based Petition and 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 an F-1 student visa. He completed his Bachelor’s program in Cleveland, Ohio.  In December 2016, our client married his current U.S. citizen wife.  He retained our office in January 2017 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on February 8, 2017. 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 May 10, 2017, our client was interviewed at the Cleveland Ohio USCIS office. Attorney and Partner Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on May 18, 2017, his green card application was approved.

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Post image for EB-2 Green Card Approval for Korean Dentist in Cleveland Ohio

CASE: I-485 Adjustment of Status based on Approved I-140 (EB-2)
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Korean Dentist

 

Our client is from South Korea, who is currently working in the United States as an associate dentist under an H-1B status. His current employer was willing to do an immigration petition for him, second-preference. Our client has a Doctor of Dental Medicine degree in the United States. After talking to our client, our firm concluded that his employer can petition him as an associate dentist. Based on our client’s education and working background, our office determined that he was 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 29, 2015, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on December 10, 2015.  On March 1, 2016, we promptly filed PERM.  Eventually, on July 8, 2016, the PERM Labor Certification was approved – an EB2 position for the South 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 August 22, 2016 via premium processing service. Eventually, on August 29, 2016, the I-140 EB-2 Petition for our Korean client was approved without any Request for Evidence (RFE).

Once his I-140 was approved, our office filed an I-485 adjustment of status application for our client and his wife on October 13, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.  On May 9, 2017, the USCIS Nebraska Service Center approved our client’s adjustment of status application.  On the same day, the CIS approved our client’s wife’s adjustment of status applications as well.

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Post image for Marriage Based Petition and Adjustment of Status Green Card Approval for Nigerian Client in Cleveland Ohio

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Nigerian                                                                                                        

LOCATION: Cleveland, Ohio

Our client is from Nigeria who came to the U.S. on a B-2 visitor’s visa in June 2015. Since then, he has remained in the United States after his authorized stay period expired.  In January 2016, our client married his current U.S. citizen wife.  He retained our office in October 2016 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 20, 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 April 17, 2017, our client was interviewed at Cleveland Ohio USCIS office. Attorney JP Sarmiento from our office also accompanied our clients as well. Eventually, on May 3, 2017, his green card application was approved.

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Post image for Naturalization and Citizenship N400 Approval for Filipino Client in Cleveland Ohio

CASE: N-400 (Citizenship / Naturalization)

APPLICANT: Filipino

LOCATION: Cleveland, OH

Our client contacted us in January 2017 to seek legal representation for his naturalization and citizenship N-400 application. He came to the United States from the Philippines and obtained his green card in August 2019.

Once retained, his N-400 application was filed on February 6, 2017 with all supporting documents. Prior to his citizenship interview, our office prepared him at our office.  On April 27, 2017, our client appeared at the Cleveland, OH USCIS office for his naturalization interview. Attorney Sung Hee (Glen) Yu accompanied our client as well. Our client answered all questions correctly and passed his naturalization and citizenship interview. Eventually, his application was approved on May 5, 2017. His oath taking is scheduled in which he will become a naturalized U.S. Citizen.

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Post image for I-140 National Interest Waiver Approval for Korean Researcher (in the field of polymer engineering) in Akron Ohio

CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Akron, OH

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

His significant contributions have placed him at the pinnacle of his field of endeavor. Throughout his research career, our client has discovered new ways to synthesize polystyrene/silica composite particles which was highly evaluated by reviewers of various journals and by colleagues and experts in the field. Our client developed and applied two new methods which allow polymer-particle/silica-particle composited can be fabricated without any surface modification.

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

As a primer, NIW applicants must have a master’s or higher degree. The landmark immigration case that discusses the standards for NIWs is Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm.1998). This case held that the qualifying applicant must show the following elements in his or her I-140 NIW petition: First, it must be shown that the alien seeks employment in an area of substantial intrinsic merit. Next, it must be shown that the proposed benefit will be national in scope. Finally, the petitioner seeking the waiver must establish that the alien will serve the national interest to a substantially greater degree than would an available U. S. worker having the same minimum qualifications. (When we filed this case, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) was not issued yet. Thus, we still filed our client’s NIW under NYSDOT standard.)

Our office prepared a 20-page brief for our client’s NIW filing. Our client also obtained 6 letters of recommendation from his colleagues and internationally-recognized scientists. Our office also included his publication records, presentation records, 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 JJ).

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on February 2, 2016. Eventually, on April 28, 2017, the USCIS approved his I-140 petition without any Requests for Evidence.  When we filed his I-140, he concurrently filed his I-485 adjustment of status application. His adjustment of status application will be approved soon as well.

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Post image for 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 Marriage Based Petition and Adjustment of Status Green Card Approval for Peruvian Client in Cleveland Ohio

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Peruvian                                                                                                        

LOCATION: Cleveland, OH
Our client is from Peru who came to the U.S. on a B-2 visitor’s visa in September 2016.  In December 2016, our client married his current U.S. citizen wife.  He retained our office in December 2016 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on December 20 2016.  Everything went smoothly and the receipt notices, fingerprint appointment, and work permit all came on time. Prior to the interview, we thoroughly prepared our clients at our office as well. On April 3, 2017, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office accompanied our clients. Eventually, on April 21, 2017, his green card application was approved.

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Post image for Marriage Based Petition and Adjustment of Status Green Card Approval for Filipina Client in Cleveland Ohio

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                        

LOCATION: Cleveland, Ohio

Our client is from the Philippines who came to the U.S. on a B-2 visitor’s visa in December 2015. Since then, she has remained in the United States after her authorized stay period expired.  In December 2016, our client married her current U.S. citizen husband.  She retained our office in December 2016 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on January 11, 2017.  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 April 13, 2017, our client was interviewed at Cleveland Ohio USCIS office. Attorney JP Sarmiento from our office also accompanied our clients as well. Eventually, on the same day of the interview, her green card application was approved.

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Post image for I-751 Removal of Conditions Approval for Chinese Client in Cleveland Ohio

CASE: I-751

APPLICANT: Chinese

LOCATION: Cleveland, OH

Our client contacted our office in May of 2016 regarding her I-751 application.

She is from China and she married a U.S. citizen in February 2014. Through her marriage, she obtained a 2-year conditional green card in August of 2014. Our office helped her in the green card process.  Her conditional residency terminated in August 2016.

To comply with immigration requirements, our client and her husband had to file an I-751 Joint Petition to Remove Conditions. She retained our office on May 16, 2016, and our office prepared an I-751 application for our client with supporting documents.

On June 3, 2016, our office filed an I-751 application to the USCIS with multiple affidavits from her friends and family members, joint bank statements, utility bills, joint leasing documents, and photos of our client and her husband to demonstrate the bona fideness of their marriage.

Once the application was filed, the fingerprint notice was issued two weeks later. Eventually, on April 13, 2017, the USCIS approved our client’s I-751 application without any Request for Evidence (RFE).

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