CASE: I-140 (EB-3)
EMPLOYER: Fashion Design Company
BENEFICIARY: Korean Fashion / Technical Designer
LOCATION: Los Angeles, CA
Our client has a prospective employer who was willing to petition her for a third-preference petition (I-140). Our client has a bachelor’s degree in fashion design and has relevant work experience. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition. Our client eventually retained us in February 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 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 June 23, 2017. On August 28, 2017, we promptly filed PERM.
However, on January 24, 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 February 5, 2018. Eventually, on May 7, 2018, the PERM Labor Certification was approved – an EB3 position for the Korean 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, employer’s most recent federal tax return, and other necessary supporting documents.
The I-140 Petition was filed on May 18, 2018 via premium processing service. Eventually, on June 1, 2018, the I-140 EB3 Petition for our Korean client was approved without any Request for Evidence (RFE). She can file an I-485 adjustment of status application for her green at any time since her priority dates are current.