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Immigration Law Success Stories
March 18, 2011
Our client came to us with an approved EB-2 PERM labor certification filed for a biostatistician with job requirements of a Master’s Degree in statistics or bio-statistics plus 3 years experience as a programmer, analyst or junior biostatistician and requested that our firm file the I-140 Immigrant Petition for Alien Worker on his behalf. Our client came to us because his prior attorney had failed to obtain a degree equivalency evaluation on his behalf or the required work experience letter prior to filing the PERM case. It is always prudent to obtain such documentation prior to filing the PERM case as when filing the I-140 Petition it is necessary to demonstrate that the foreign national meets the requirements for the position set forth in the PERM labor certification. In addition to proving the qualifications of the foreign national, it is necessary to prove the company has the ability to pay the wage. We guided our client on obtaining the appropriate degree equivalency evaluation, work experience letter and proof of the Company’s ability to pay the wage and filed an I-140 Immigrant Petition with United States Citizenship and Immigration Services (USCIS) which was approved.
January 17, 2011
Our law firm had filed an EB-3 Labor Certification for a client. The labor certification was approved, the I-140 Petition was approved and the client remained with the same employer that filed the labor certification application. The client was able to extend H-1B status past the 6 year maximum in 3 year increments while waiting for the priority date to become current. The priority date became current in January 2011 and United States Citizenship and Immigration Services, which actively monitors priority dates, approved the green card application for our client and the derivative beneficiaries. While immigration waiting times can be long and the wait can be frustrating, all priority dates are eventually reached.
November 8, 2010
Following the approval of a PERM Labor Certification Application it is necessary to file an I-140 Petition for Immigrant Worker with USCIS. With the filing of the I-140 Petition it is necessary 1) to provide documentation that the petitioning employer has the ability to pay the proffered wage from the date of filing of the PERM case and continuing to the present and 2) that the foreign national meets the minimum qualifications for the position as set forth in the ETA-9089 PERM Application. The I-140 Petition must be filed within 180 days of the PERM certification. Our firm received an approval for a PERM Labor Certification filed on behalf of one of the largest civil engineering firms in the United States. The company has more than 100 employees so we submitted a letter from the Chief Financial Officer indicating the Company has the ability to pay the proffered wage along with documentation that the foreign national met the minimum education and experience requirements for the position. The I-140 Petition was approved and the foreign national, who is an Indian Citizen, will apply for a green card as soon as his priority date becomes current in the visa bulletin.
September 23, 2010
Following receipt of certification of a PERM Labor Certification on behalf of Professor that was filed by a prestigious university in the State of Kansas, we filed an I-140 Petition for Immigrant Worker with the Nebraska Service Center. In support of the Petition we provided a letter from the University's Vice President for Administration and Finance that the University has more than 100 employees and has the ability to pay the wage along with a copy of the Professor's faculty appointment setting forth the salary. We also provided evidence of the Professor's qualifications. The I-140 Petition was approved.
September 8, 2010
Following approval of a PERM Labor Certification on behalf of a University Professor in the EB-2 Advanced Degree Category, we filed an I-140 Immigrant Petition on behalf of the Professor. The Professor, who is not Indian or Chinese and therefore not subject to any visa backlog, simultaneously filed an I-485 Application for Adjustment of Status. With the I-140 Petition filed by the University our law firm included evidence of the University's ability to pay the wage set forth in the PERM labor certification and evidence that the Professor met the minimum requirements for the position as set forth in the PERM labor certification. Both the I-140 Petition and I-485 Application were simultaneously approved approximately 3 months after filing.
July 21, 2010
Our firm recently had a PERM case approved for a materials scientist 2 1/2 months after the electronic filing. It has been several years since PERM cases were approved in such a quick time frame which demonstrates that the United States Department of Labor is clearing its backlog of unaudited cases.
July 15, 2010
Our Philadelphia Immigration Lawyers received a certification of a PERM Application filed for an Assistant Professor of Economics at a prestigious university in Kansas.
July 8, 2010
In August 2003 we filed a Labor Certification Application for a Chinese National. The Labor Certification was approved as well as the I-140 Petition. During the summer of 2007 when all of the employment based priority dates were current we filed an I-485 Application for Adjustment of Status. The priority date became current in July per the visa bulletin and the green card application was approved. During the waiting period our client remained in the United States in H-1B status working for the same employer that had filed the Labor Certification Application. It can often be an effective strategy for those in the EB-3 category to extend their H-1B beyond six years and remain in the United States until the priority date becomes current and the green card is approved.
May 17, 2010
Our firm recently received green card approvals for the principal alien and derivative spouse and children based upon approval of a Labor Certification Application. Our firm had been retained following approval of the Labor Certification to complete the I-140 and I-485 processing. The derivative family members had failed to timely file an extension of H-4 status. Untimely requests for extension of H-4 status were filed with the Immigration Service and the late H-4 extension of status requests were granted. In filing the I-485 applications we pointed out to the Immigratino Service that the approval of the untimely filed H-4 extensions effectively caused the derivative spouse and children to maintain a continuously lawful status since entry into the United States making them eligible for adjustment of status under Section 245(a) of the Immigration & Nationality Act. Upon the priority date of the Labor Certification becoming current the green card applications of all family members were approved.
March 19, 2010
A PERM case filed on behalf of a College Teacher was certified by the U.S. Department of Labor.
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