CASE: EB-3 Green Card Approval Based on Approved I-140 (EB-3)
EMPLOYER: Engineering Company
BENEFICIARY: Taiwanese Radio Frequency Identification Engineer
LOCATION: Columbus, OH
Our client is currently working as a Radio Frequency Identification Engineer (RFID) whose current employer was willing to petition him for a third-preference petition (I-140). Our client has a bachelor’s and a master’s degree in a related field and work experience as well. He has been working for his current employer under an H-1B status. Based on our client’s educational, professional and work background, our office determined that he is clearly eligible for EB-3 classification for his I-140 petition. Our client eventually retained us in March 2015.
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 foreign degree evaluation report, our office filed the job order on August 31, 2015. On November 11, 2015, we promptly filed PERM.
However, on April 14, 2016, 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 April 29, 2016.
Eventually, on June 30, 2016, the PERM Labor Certification was approved – an EB3 position for the Taiwanese 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, employer’s tax records, and other necessary supporting documents. The I-140 petition was filed on August 22, 2016 via premium processing service. Eventually, on August 31, 2016, the I-140 EB-3 Petition for our Taiwanese client was approved without any Request for Evidence (RFE).
Once the I-140 petition was approved, our client retained our office again for his I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on November 7, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.
Eventually, on May 3, 2017, the USCIS Nebraska Service Center approved our client’s adjustment of status application. Now, he finally is a green card holder.