CASE: I-140 (EB-3)
EMPLOYER: Public School District
BENEFICIARY: Filipino High School Physics Teacher
LOCATION: Casa Grande, AZ
Our client has a current employer that was willing to petition for him (I-140). Our client has a Bachelor’s degree in Physics for Teachers, a valid Arizona Teaching license, and has worked for his current employer since August 2016. Based on his education and credentials, our office determined that he is eligible for EB-3 classification for his I-140 petition. Our client retained us in April 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 August 13, 2020. On November 9, 2020, we promptly filed PERM.
On June 3, 2021, the Department of Labor issued an audit request. 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 14, 2021. Eventually, on September 21, 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 October 22, 2021 via regular processing. On January 20, 2022, the I-140 EB3 Petition for our Filipino client was approved without any Request for Evidence (RFE).