CASE: EB-3 I-140
EMPLOYER: Public School District
BENEFICIARY: Filipina Elementary School Teacher
LOCATION: Tucson, AZ
Our client has a current employer who was willing to petition her for a third-preference petition (I-140). She has a Bachelor’s degree in Elementary Education, a valid Arizona Teaching license, and has worked for her current employer since July 2017. Based on our client’s education and work background, she is eligible for EB-3 classification.
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 April 8, 2019. On August 7, 2019, we filed PERM.
On January 7, 2020, the Department of Labor issued an 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 January 23, 2020. Eventually, on June 16, 2020, 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, employer’s tax records, and other necessary supporting documents.
The I-140 Petition was filed on July 24, 2020, via regular processing service. We also filed her I-485 adjustment of status application simultaneously since her priority date was current. On January 22, 2021, the USCIS issued a Request for Evidence (RFE) for our client’s teaching license. Our office immediately filed the RFE response. Eventually, on March 18, 2021, the I-140 EB3 Petition for our Filipina client was approved..