CASE: I-140 (EB-3)
EMPLOYER: Public School District
BENEFICIARY: Filipino High School Biology Teacher
LOCATION: Casa Grande, AZ
Our client has an employer that was willing to file a third-preference I-140 for him. Our client has a Bachelor’s degree in Biology, a valid Arizona Teaching license, and has worked for his current employer since July 2016. Based on our client’s education and credentials, our office determined that he is clearly eligible for EB-3 classification for his I-140 petition. Our client eventually retained us in May 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 September 3, 2020. On November 20, 2020, we filed the PERM application.
On June 17, 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. 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 June 29, 2021. Eventually, on September 29, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipino 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 W-2 copy, and other necessary supporting documents.
The I-140 Petition was filed on November 12, 2021 via regular processing service. Eventually, on June 2, 2022, the I-140 EB3 Petition for our Filipino client was approved without any Request for Evidence (RFE).