CASE: EB-3 I-140
EMPLOYER: Public School District
BENEFICIARY: Filipina Elementary Special Education Teacher
LOCATION: Mohave Valley, AZ
Our client has an employer willing to do an I-140 Petition for her. Our client has a Bachelor’s degree in Education, a valid Arizona Teaching license, and has worked for her current employer since July 2014. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification. Our client retained us in October 2019.
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 March 3, 2020. On June 26, 2020, we filed PERM.
On January 4, 2021, 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 January 29, 2021. On May 20, 2021, 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. We included the job offer letter, employee’s W-2, and other supporting documents.
The I-140 Petition was filed on June 25, 2021 via regular processing. On March 21, 2022, our office filed an I-907 premium processing upgrade request to the USCIS. On April 4, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).