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In re X

Case Conclusion Date: 02.23.2010

Practice Area: Immigration

Outcome: My client obtained a J-1 waiver and changed status

Description: In September 2009, the Client, a Colombian national, retained our law firm to help her with a number of immigration issues. First, she was subject to the two-year home-residency requirement that would not permit her to change from her then J-1 status to any other status within the United States. Second, although her employer had an approved Labor Certification Application, her employer’s tax returns did not show that the company generated enough revenue to pay her the required wage. Finally, her J-1 status was expiring very soon, and she did not want to leave the United States. Our office quickly filed with the Client’s home country’s embassy a request for a no-objection certificate regarding the two-year home-residency requirement. We then requested a recommendation for the waiver of the home-residency requirement from the U.S. Department of State. Shortly thereafter, our office filed an I-140 immigrant petition for the Client arguing that, despite the Client’s employer’s revenues being low, the Client’s employer’s assets proved that the employer could pay the required wage. USCIS agreed with the argument and granted the I-140 immigrant petition on January 29, 2010 so that the Client could obtain her Green Card when her priority date becomes current. Finally, and prior to approval of the J-1 waiver, our office filed an H-1B change-of-status petition for the Client. Because the J-1 waiver was required to have been approved before USCIS could approve the H-1B petition, our office requested expedited treatment of the waiver-recommendation application pending with the Department of State. Following issuance of the no-objection certificate by the Client’s home country’s embassy, the Department of State granted our expedite request and recommended USCIS to grant the waiver, which USCIS did on 02/05/2010. Following notification to USCIS of the approval of the waiver, our office received approval of the Client’s H-1B petition. Therefore, in a span of less than six months, our office was able to secure the Client’s ability to reside legally in the United States both in the short-term and the long-term.

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