CASE: I-140 (EB-3)
EMPLOYER: Temperature Control Services
BENEFICIARY: Ecuadorian
LOCATION: New York
Our client is a company which specializes in providing and installing automatic temperature control systems in commercial and industrial buildings. They have an employee from Ecuador and they were willing to petition him for a skilled worker, third-preference petition (I-140). Their employee has more than 2 years of experience as a HVAC Technician. After talking to our client, our firm concluded that they can petition him as a BAS/HVAC Controls Technician. Our client eventually retained us in May 2017.
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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On June 2, 2017, the prevailing wage request was filed. After we got the PW determination, our office filed the job order on August 21, 2017. On October 27, 2017, we promptly filed PERM.
However, on April 19, 2018, the Department of Labor issued a request for audit. 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 May 16, 2018.
Eventually, on July 11, 2018, the PERM Labor Certification was approved – an EB3 position for the Ecuadorian beneficiary.
We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, past experience letters, employer’s tax records, and other necessary supporting documents.
The I-140 Petition was filed on August 8, 2018 via premium processing service. Eventually, on August 17, 2018, the I-140 EB3 Petition for our Ecuadorian client was approved without any Request for Evidence (RFE). He can file an I-485 adjustment of status application for his green at any time since his priority dates are current.