CASE: PERM Labor Certification
EMPLOYER: Culture Center / Culture School
BENEFICIARY: Chinese
LOCATION: St. Paul, MN
Our client is from China, who is currently staying in the United States on an F-2 status. She has a prospective employer who was willing to do an immigration petition for her, third-preference. Our client has a Bachelor’s degree in Arts Education. After talking to our client, our firm concluded that her employer can petition her as an Early Childhood Creative Programs Director. Based on our client’s educational, professional and working backgrounds, our office determined that she 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 April 16, 2015, the prevailing wage request was filed. After we obtained foreign degree evaluation report and Prevailing Wage determination, our office filed the job order on August 11, 2015. On October 27, 2015, we promptly filed PERM. Eventually, on March 28, 2016, the PERM Labor Certification was approved – an EB3 position for the Chinese 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 financial records, and other necessary supporting documents. The I-140 Petition was filed on July 11, 2016 via premium processing service. However, the USCIS issued Request for Evidence (RFE) on July 25, 2016 and requested the Petitioner’s tax record to demonstrate whether Petitioner has sufficient net current asset to pay proffered wage of beneficiary. On September 29, 2016, our office filed the Response to RFE to USCIS along with Petitioner’s 2015 federal tax record. Eventually, on October 5, 2016, the I-140 EB-3 Petition for our Chinese client was approved. Our client can file her I-485 adjustment of status application once her priority date becomes current.