CASE: PERM Labor Certification
EMPLOYER: Public School District
BENEFICIARY: Filipina Elementary School Teacher
LOCATION: Tucson, AZ
Our client has a current employer that was willing to petition her for a third-preference petition (I-140). Our client has a Bachelor’s degree in Elementary Education, a valid Arizona Teaching license, and has worked for her current employer since July 2017. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition. Our client eventually retained us in September 2018.
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, whichever is later. Within a week from our retention, the prevailing wage request was filed. After we obtained the PW determination, our office filed the job order on April 8, 2019. On August 7, 2019, we promptly filed PERM.
However, on January 7, 2020, the Department of Labor issued a request for audit, which is random nowadays regardless of how perfect the PERM application was. The DOL requested documents from Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on January 23, 2020.
Eventually, on June 16, 2020, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. Our client can file the I-140 petition at any time.