CASE: EB-3 I-140
EMPLOYER: Public School District
BENEFICIARY: Filipina Elementary School Teacher
LOCATION: Mohave Valley, AZ
Our client has an employer willing to do an I-140 Petition for her. She has a Bachelor’s degree in Elementary Education, a valid Arizona Teaching license, and has worked for her employer since July 2014. Based on our client’s education and teaching licenses, she was clearly eligible for EB- 3 classification for her I-140 petition. We were retained in June 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 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 July 20, 2020.
On October 20, 2020, we filed PERM. On May 11, 2021, the PERM Labor Certification was
approved – an EB3 position for the Filipina beneficiary without an audit.
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 June 16, 2021 via regular processing service. However, on June 2, 2022, the USCIS issued a Request for Evidence (RFE) regarding Petitioner’s “ability to pay”. Our office prepared and filed the Response to RFE on June 17, 2022. On January 9, 2023, the I-140 EB3 Petition for our Filipina client was approved. Her I-485 adjustment of status application was concurrently filed with the I-140 petition in June 2021. It will be approved soon.