CASE: I-140 (EB-3)
EMPLOYER: Public School District
BENEFICIARY: Filipina High School General Science Teacher
LOCATION: Casa Grande, AZ
Our client has an employer willing to file an I-140 Petition for her. Our client has a Bachelor’s degree in Secondary Education, a valid Arizona Teaching license, and has worked for her current employer since July 2016. Based on her education and credentials, she was eligible for EB-3. We were retained on May 29, 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 only 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 October 12, 2020. On January 8, 2021, we filed PERM.
On August 2, 2021, the Department of Labor issued a request for audit. The DOL requested documents from the Petitioner to determine whether the recruitment process was done properly. Moreover, the Department of Labor requested Petitioner to submit a business necessity statement for this position. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, business necessity statement from the employer, and recruitment documentation on August 27, 2021. On November 17, 2021, 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. We included the job offer letter, employee’s W-2 copy, and other necessary supporting documents.
The I-140 Petition was filed on December 16, 2021 via regular processing service. Eventually, on December 13, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).