EB2 Green Card Sample Cases from our office

These are some sample cases from our files. It is impossible for us to present all have done past over 15 years of our practice. But these were some cases that came to mind when we started writing this column 2-3 years ago.

We represented a physician working for a healthcare network within several counties of a Medically Underserved Area (MUA). Initially, we submitted the required documents, but the tricky issue was the division of the physician’s service over several counties. The approval in this case required that we work closely with officials from the State Health Department to provide proper documentation and verification of the full-time nature of the job, albeit across several areas and proof of physician shortage within each area. At the I-140 stage of the NIW, USCIS issued a relatively minor Request for Evidence requesting a recently dated full-time employment contract listing the full, required period of service. 

We submitted the contract, and the case was approved within a few weeks.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

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We represented a physician working for a veteran’s facility within a medically underserved area.  The NIW was approved.  Before completing her waiver time, she needed to move from the approved location to another location AND switch from a MUA to the Veterans Administration. Unfortunately, the law and the procedures involved in moving MUA’s and moving from a MUA to another NIW mode are very poorly documented.  Some of the legal territories are just not well defined.  Nevertheless, we filed the appropriate petition,submitting what we believed were the required documents.  To meet the total five-year requirement, we also submitted employers’ letters to capture all prior service at other medical facilities within underserved areas while the applicant was on valid H-1B. 

USCIS acknowledged the prior service, approved the case, and assigned the original priority date to our client.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

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We filed an EB-2 I-140 Petition for a petitioner corporation and a beneficiary Senior Systems Analyst. The USCIS sent us a Request for Evidence (RFE), requesting information proving that the petitioner would be in an employer/employee relationship with the beneficiary and that the petitioner had the ability to pay the proffered wages for all of the beneficiaries for whom it had petitioned.

We filed a lengthy response with nearly forty exhibits. The petition was approved less than three weeks later.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

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We filed a PERM application under EB-2 for a Senior Programmer Analyst’s position early this year. Three months later, U.S. Department of Labor (DOL) issued an Audit Notification. Immediately following our response, DOL denied the application, citing that our audit response did not include a copy of the job order. Our response, in the form of an MTR (Motion to Reconsider)/Appeal, included a clear exposition of the law and a BALCA decision in which the Administrative Law Judge held that the job order is not a mandatory document required to be submitted, and therefore, the denial was erroneous. Given that the denial reason was clearly an error on DOL’s part, we requested the case be placed into the government error queue so that the case would quickly be reopened and approved. Within one week, DOL certified the labor application.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

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We have recently received an EB2 approval for a Physical Therapist.  EB2 classification has become especially important now that EB3 category cases for severely backlogged countries are delayed so much.  The good news with PT’s is that they do not have to go through the PERM process.  But the bad news is that USCIS seems to question whether or not truly a Master’s degree or BS+5 years level job is being offered.  The I-140 approval took 1.5 months in regular processing.

 

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

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