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Post image for I-140 EB2 Approved for Filipino Hydraulic Project Manager Beneficiary and Hydraulic Manufacturing Company Petitioner in Texas

CASE: I-140 (EB-2)    
EMPLOYER:  Hydraulic Unit Manufacturing Company in Texas
BENEFICIARY: Filipino Hydraulic Power Unit Design and Installation Project Manager

 

Our client’s beneficiary is from the Philippines. Our client (the prospective employer) was willing to do an immigration petition for him, second-preference. He has a Bachelor’s degree in Maritime Transportation and has more than 5 years of work experience as a Hydraulic Equipment Installer / Operator. Our firm concluded that his employer can petition him as a Hydraulic Power Unit Design and Installation Project Manager.

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 12, 2016, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on January 10, 2017.  On May 3, 2017, we promptly filed PERM.  Eventually, on August 11, 2017, the PERM Labor Certification was approved – an EB2 position for the Filipino 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 September 6, 2017 via premium processing service. Eventually, on September 21, 2017, the I-140 EB-2 Petition for our Filipino client was approved without any Request for Evidence (RFE).

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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 PERM EB2 Labor Certification Approved for Filipino Hydraulic Power Project Manager Beneficiary and Hydraulic Manufacturing Company Petitioner in Texas

CASE: PERM Labor Certification    
EMPLOYER:  Hydraulic Unit Manufacturing Company in Texas
BENEFICIARY: Filipino Hydraulic Power Unit Design and Installation Project Manager

 

Our client is from the Philippines. His prospective employer was willing to do an immigration petition for him, second-preference. Our client has a Bachelor’s degree in Maritime Transportation and has more than 5 years of work experience as a Hydraulic Equipment Installer / Operator. After talking to our client, our firm concluded that his employer can petition him as a Hydraulic Power Unit Design and Installation Project Manager. Based on our client’s educational, professional and work background, our office determined that he is 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 12, 2016, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on January 10, 2017.  On May 3, 2017, we promptly filed PERM.  Eventually, on August 11, 2017, the PERM Labor Certification was approved – an EB2 position for the Filipino beneficiary. Now our client can file the I-140 petition.

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

CASE: Immigrant Visa / I-140 (EB-2 Category) / Schedule A

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipino

LOCATION: Beneficiary: Philippines / Petitioner: Houston, TX

Our client is from the Philippines. His prospective employer-sponsor was willing to petition him for a second-preference employment immigrant visa petition (I-140). Since he has a registered nurse license and the proffered position for him is a nurse manager at the nursing care facility, the petitioner wanted to try going for a “Schedule A” classification. They also wanted to do EB2 (requiring at least a Masters degree or Bachelors degree + 5 yrs experience).

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 having to file a Labor Certification with the Department of Labor. 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. We argued that the position of Health Services Manager should be classified under Schedule A. We argued that it falls under the broad spectrum of “professional nurse” occupations. We also argued that the job description has excerpts that fall under “professional nurse” and that the description justifies the requirements also of Bachelor’s degree in nursing and five years of related experiences.

Our client has a Master’s Degree in Nursing degree. He also has a registered nursing license in the state of Texas. Our office was retained and we started on the Prevailing Wage Determination filing and other related matters.

Once the prevailing wage was determined, we filed the I-140 application on February 26, 2016 via premium processing. We included a 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 the nurse manager position falls under a Schedule A and EB2 designation.

However, on March 10, 2016, the USCIS Texas Service Center issued Request for Evidence (RFE) and requested our client to submit his prospective employer’s most recent tax return record and his degree evaluation report. Our office prepared the response and filed the Response to RFE on March 14, 2016. Eventually, on March 25, 2016, the USCIS Texas Service Center approved his EB-2 I-140 petition.

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 May 5, 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. His interview was scheduled in October 2016 initially; however, due to his health, the interview was re-scheduled. On June 28, 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 Nurse Manager Schedule A EB2 I-140 Approval for Filipino Beneficiary in the Philippines and Nursing Care Facility Petitioner in Houston, TX

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

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipino Nurse Manager in the Philippines

LOCATION: Houston, TX

Our client is in the Philippines. His prospective employer-sponsor was willing to petition him for a second-preference employment immigrant visa petition (I-140). Since he has a registered nurse license and the proffered position for him is a nurse manager at the nursing care facility, the petitioner wanted to try going for a “Schedule A” classification. They also wanted to do EB2 (requiring at least a Masters degree or Bachelors degree + 5 yrs experience).

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 having to file a Labor Certification with the Department of Labor. 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. We argued that the position of Health Services Manager should be classified under Schedule A. We argued that it falls under the broad spectrum of “professional nurse” occupations. We also argued that the job description has excerpts that fall under “professional nurse” and that the description justifies the requirements also of Bachelor’s degree in nursing and five years of related experiences.

Our client has a master’s degree in nursing and years of experience as a registered nurse. He also has a registered nursing license in the state of Texas. Our office was retained and we started on the Prevailing Wage Determination filing and other related matters.

Once the prevailing wage was determined, we filed the I-140 application on July 6, 2017 via premium processing. We included a 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 the nurse manager position falls under a Schedule A and EB2 designation.

Eventually, on July 17, 2017, the USCIS Texas Service Center approved his EB-2 I-140 petition. Now, with the approved EB-2 I-140 petition (priority date for EB2 Philippines nationals is current), he can file his immigrant visa application.

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Post image for Green Card Approval After Successful Termination of Removal Proceedings for Nepalese Client in Houston Texas

CASE: I-485 Adjustment of Status / Motion to Terminate Removal Proceedings Based on an Approved I-130 Immediate Relative Spousal Petition

CLIENT: Nepalese

LOCATION: Houston, TX

Our client is a Nepalese citizen who came to the U.S. on an F-1 Student Visa.   Our client and his wife married in August 2013.  When they were married, our client’s wife was a green card holder. Our client’s wife filed an I-130 petition for our client in August 2013 and it was approved by the USCIS later. Our client filed his adjustment of status application along with the I-130 petition, but it was denied due to his failure to maintain status. After his I-485 adjustment of status application was denied, a Notice to Appear was issued against our client, and he was placed in removal proceeding.

His wife became a naturalized U.S. citizen in July 2015. Our client contacted our office and consulted with us for his potential relief. Based on the approved I-130 and his wife’s recent naturalization, we determined that we could file joint motion to terminate his proceedings. Our client retained our office on July 15, 2015.  

On July 27, 2015, our office filed a request to join in a Motion to terminate proceedings with the I-485 application and supporting documents. However, we did not get any response from the Houston DHS office regarding their consent to terminate our client’s proceedings. Ultimately, the Immigration Judge granted the Motion to terminate without prejudice in September 2015.  

After the multiple follow-ups, our office filed a Motion to Terminate Removal Proceedings with the I-485 application and supporting documents to the Houston Immigration Court on January 6, 2016. The DHS counsel in Houston did not oppose the Motion to Terminate Removal Proceedings. Ultimately, the Immigration Judge granted the Motion to Terminate Removal Proceedings without prejudice on January 27, 2016.

After his removal proceeding was terminated, our client retained us again for his I-485 adjustment of status application.  Our firm prepared and filed the I-485 Adjustment of Status Application on April 6, 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 via conference call. On April 25, 2017, our client was interviewed at the Houston, Texas USCIS.  Attorney Sung Hee (Glen) Yu from our office accompanied our clients. After the interview, his green card application was approved.

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Post image for Nurse Manager Immigration Schedule A EB2 I-140 Approval for Filipina Beneficiary and Nursing Care Facility Petitioner in Katy, Texas

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

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipina

LOCATION: Houston, TX

Our client is in the United States on an H-1b visa and she currently works as a nurse instructor. Her prospective employer-sponsor was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she has a registered nurse license and the proffered position for her is a nurse manager at the nursing care facility, the petitioner wanted to try going for a “Schedule A” classification. They also wanted to do EB2 (requiring at least a Masters degree or Bachelors degree + 5 yrs experience).

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 having to file a Labor Certification with the Department of Labor. 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. We argued that the position of Health Services Manager should be classified under Schedule A. We argued that it falls under the broad spectrum of “professional nurse” occupations. We also argued that the job description has excerpts that fall under “professional nurse” and that the description justifies the requirements also of Bachelor’s degree in nursing and five years of related experiences.

Our client has a Bachelor’s degree in nursing and 5 years of experience as a nurse instructor. She also has a registered nursing license in the state of Texas. Our office was retained and we started on the Prevailing Wage Determination filing and other related matters.

Once the prevailing wage was determined, we filed the I-140 application on March 22, 2017 via premium processing. We included a 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 the nurse manager position falls under a Schedule A and EB2 designation.

Eventually, on April 7, 2017, the USCIS Texas Service Center approved her EB-2 I-140 petition. Now, with the approved EB-2 I-140 petition (priority date for EB2 Philippines nationals is current), she can file an adjustment of status application.

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

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipina                                                                                                        

LOCATION: Houston, TX

Our client is from the Philippines who came to the U.S. on an H-1B Visa in February 2012.  In September 2015, our client married her current U.S. citizen husband.  She retained our office on September 20, 2015 for her green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on October 5, 2015.  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 via conference calls as well. On November 22, 2016, our client was interviewed at Houston Texas USCIS office. The interview went well, but the USCIS officer requested our client to submit the updated medical record. Our client submitted her updated medical record immediately. Eventually, on March 29, 2017, our client’s green card application was approved.

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Post image for Marriage Based Petition and Adjustment of Status Green Card Approval for Filipino Client in Houston Texas

CASE: Marriage-Based Adjustment of Status

NATIONALITY: Filipino                                                                                                        

LOCATION: Houston, TX

Our client is from the Philippines who came to the U.S. on an H-4 visa in July 2004. Later, he changed his status from H-4 to F-1 and he studied in the United States.  In February 2015, our client married his current U.S. citizen wife.  He retained our office in March 2015 for his green card application.  Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 20, 2015.  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 via conference calls. On November 24, 2015, our client was interviewed at Houston Texas USCIS office.  In September 2016, the USCIS issued Request for Evidence and requested our client to do updated medical / vaccination check-up with the USCIS approved civil surgeon. Our client did it and submitted the sealed result to the USCIS Houston Field Office in November 2016. Eventually, on March 20, 2017, his green card application was approved.

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