CASE: I-485 Adjustment of Status based on approved EB-2 I-140 petition
EMPLOYER: Cosmetic Products Manufacturer
BENEFICIARY: Korean Cosmetic Product Plant Manager
LOCATION: Solon, OH
Our client is currently working as a Cosmetic Product Plant Manager and his employer was willing to petition for a second-preference I-140. Our client has a Bachelor’s of Science Degree and has more than 5 years of experience as a Production Director. After talking to our client, our firm concluded that his employer can petition him as a Cosmetic Product Plant Manager. 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 education and work background, our office determined that he is eligible for EB-2 classification for his I-140 petition. Our client eventually retained us on August 24, 2020.
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 February 11, 2021. On April 19, 2021, we promptly filed PERM. Eventually, on August 31, 2021, the PERM Labor Certification was approved – an EB2 position for the Korean beneficiary.
We then proceeded with the I-140 Petition. 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 7, 2021 via premium processing service. Eventually, on September 20, 2021, the I-140 EB2 Petition for our Korean client was approved without any Request for Evidence (RFE).
Once his I-140 petition was approved, he retained our office again for theadjustment of status application. On October 14, 2021, our office filed I-485 adjustment of status applications.
Prior to the interview, we thoroughly prepared our client via conference calls. On June 21, 2022, our client was interviewed at the Cleveland Ohio USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Eventually, his I-485 application was approved by the USCIS on the same day of the interview.