CASE: EB-3 I-140
EMPLOYER: Public School District
BENEFICIARY: Filipina High School Math Teacher
LOCATION: Holyoke, CO
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 Mathematics, a valid Colorado Teaching license, and has worked for her current employer since November 2014. Based on our client’s education and work background, our office determined that she clearly eligible for EB-3 classification for her I-140 petition. Our client eventually retained us in April 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. 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 August 14, 2018. On December 13, 2018, we promptly filed PERM.
However, on April 19, 2019, 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 April 24, 2019.
Eventually, on July 15, 2019, the PERM Labor Certification was approved – an EB3 position for the Filipina 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, employee’s most recent W-2 record, and other necessary supporting documents.
The I-140 Petition was filed on July 30, 2019 via regular processing service. Eventually, on September 12, 2019, the I-140 EB3 Petition for our Filipina client was approved.