CASE: Immigrant Visa / EB-3 I-140 Petition
APPLICANT: Kenyan Sales Manager
LOCATION: Nairobi, Kenya
Our client is from Kenya, who used to work in the U.S. with his H-1B status. His former employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor of Business Administration Degree and has worked for the current employer as a Sales Manager. After talking to our client, our firm concluded that his employer can petition him as a Sales Manager. Based on our client’s education and work background, our office determined that he is clearly 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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On February 5, 2016, the prevailing wage request was filed. After we obtained Prevailing Wage determination, our office filed the job order on July 6, 2016. On September 27, 2016, we promptly filed PERM. Eventually, on November 22, 2016, the PERM Labor Certification was approved – an EB3 position for the Kenyan 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, ability to pay letter, and other necessary supporting documents. The I-140 petition was filed on December 9, 2016 via premium processing service. However, the USCIS issued Request for Evidence (RFE) on December 21, 2016 and request our client to submit documents regarding Beneficiary’s special skills for the proposed job position and employer’s ability to pay proffered wage. Our office prepared and filed Response to RFE to USCIS on January 3, 2017. Eventually, on January 5, 2017, the I-140 EB-3 Petition for our Kenyan client was approved.
After the approval of the I-140 petition, our client retained us again for his immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on November 29, 2018, who in turn forwarded the client’s materials to the U.S. Embassy in Nairobi, Kenya. An interview notice was set for the client at the U.S. Embassy in Kenya. On March 7, 2019, our client appeared at the U.S. Embassy in Nairobi, Kenya. Eventually, on March 22, 2019, the Immigrant Visa was issued for our client.
With the approved Immigrant Visa, our client can come to the United States immediately, and he will get his green card within two months of entry.