CASE: I-140 (EB-3)
EMPLOYER: Public School District
BENEFICIARY: Filipina Special Education Teacher
LOCATION: McIntosh, SD
Our client has an employer who was filling to file an I-140 Petition for her. Our client has a Bachelor’s degree in Special Education, a valid South Dakota Teaching license, and has worked for her current employer since August 2018. 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 eventually retained us in June 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 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 February 11, 2021. On June 17, 2021, we filed PERM.
On November 16, 2021, the Department of Labor issued a request for audit. 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 December 14, 2021.
Eventually, on March 21, 2022, 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 job offer letter, employee’s W-2 copy, and other necessary supporting documents.
The I-140 Petition was filed on April 26, 2022 via regular processing service. Eventually, on July 19, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).