CASE: EB-3 I-140
EMPLOYER: Public School District
BENEFICIARY: Filipina Special Education Teacher
LOCATION: Dunseith, ND
Our client‘s employer was willing to petition her for an I-140. Our client holds a Bachelor’s degree in Special Education, a valid North Dakota Teaching license, and has been employed by her current employer since June 2021. Based on her work history, our office determined she was clearly eligible for EB-3 classification for her I-140 petition. She retained our services in May 2022.
Prior to filing the PERM application, our firm prepared the prevailing wage request, job order, and all other necessary pre-PERM filing steps. Within a week of retention, the prevailing wage request was filed. After obtaining the prevailing wage determination, we filed the job order on May 10, 2023. On August 16, 2023, we filed the PERM application. On October 25, 2024, the PERM Labor Certification was approved for an EB-3 position for the Filipina beneficiary.
Following the PERM Labor Certification, our client retained us for her I-140 petition. We filed the I-140 via premium processing on December 19, 2024, including the job offer letter and other required documents. However, on January 16, 2025, USCIS issued a Request for Evidence (RFE), requiring our client to submit her employer’s tax records to demonstrate their “ability to pay.” On February 27, 2025, our office filed the Response to RFE. On March 10, 2025, the I-140 was approved. Once her priority date becomes current, she will be eligible to file her I-485 application.