CASE: I-485 Adjustment of Status / I-140 (EB-3 Category)
EMPLOYER: Public School District
BENEFICIARY: Filipino Special Education Teacher
LOCATION: New Town, ND
Our client has a current employer who was willing to file an I-140 petition for him. Our client has a Bachelor’s degree in Special Education, a valid North Dakota Teaching license, and has worked for his current employer since November 2018. Based on our client’s working background, our office determined that he is eligible for an EB-3 classification for his I-140. Our client eventually retained us in April 2021.
Before filing PERM, our firm prepared all the steps that are important in pre-PERM filing. Within a week of our retention, the prevailing wage request was filed. After we obtained the PW determination, our office filed the job order on September 29, 2021. On December 23, 2021, we promptly filed PERM.
On August 2, 2022, the Department of Labor requested an audit. They requested documents from the Petitioner to determine whether the recruitment process was done properly. Our office prepared the response to the Audit brief along with more documentation. On December 9, 2022, the PERM Labor Certification was approved – an EB3 position for the beneficiary.
We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140. We included all other necessary supporting documents.
The I-140 Petition was filed on January 19, 2023, via regular processing service. On March 8, 2023, the USCIS issued a Request for Evidence to prove the “ability to pay.” Our office filed the Response to the RFE on March 20, 2023. On April 11, 2023, the I-140 EB3 Petition for our client was approved.
We filed our client’s I-140 and I-485 applications simultaneously. All went well and the receipt notices and fingerprint appointment came on time. While our client was waiting for the adjudication of his I-140, we received his work travel permit from the USCIS.
On March 1, 2024, the USCIS approved our client’s application. Our client is now a green card holder.