CASE: PERM Labor Certification
EMPLOYER: Public School District
BENEFICIARY: Filipino Special Education Teacher
LOCATION: New Town, ND
Our client has a current employer that was willing to sponsor him. Our client has a Bachelor’s degree in Special Education, a valid North Dakota Teaching license, and has worked for his employer since November 2018. Based on our client’s education and work background, our office determined that he is eligible for EB-3 classification for his I-140 petition. Our client eventually retained us in April 2021.
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 September 29, 2021. On December 23, 2021, we filed PERM.
On August 2, 2022, 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 August 9, 2022.
Eventually, on December 9, 2022, the PERM Labor Certification was approved – an EB3 position for the Filipino beneficiary. Our client can file the I-140 petition at any time.