CASE: I-485 Adjustment of Status (EB-3 I-140)
EMPLOYER: Rehabilitation Center in Katy, TX
BENEFICIARY: Filipina General Manager in Houston, TX
Our client has an employer willing to petition her for a third-preference I-140. Our client has a Bachelor’s degree in Business Administration and currently studies in the United States. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition. Our client retained us on February 19, 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, the job order was filed on April 14, 2020. On June 26, 2020, we filed PERM.
On December 31, 2020, 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 12, 2021. On June 4, 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 application. We included the beneficiary’s degree, past experience letter, job offer letter, employer’s tax records, and other necessary supporting documents.
The I-140 Petition was filed on June 29, 2021 via regular processing. Our client also filed her I-485 adjustment of status application simultaneously. Eventually, on August 4, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).
Our office prepared and filed her I-485 application to the USCIS on June 29, 2021 along with the I-140 petition. On September 7, 2022, the USCIS issued a Request for Evidence (RFE) and requested our client to submit her I-693 medical record. On September 27, 2022, our office filed the Response to RFE along with her I-693 record. On February 11, 2023, our client’s adjustment of status application was approved by the USCIS.