CASE: PERM Labor Certification
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 has requisite working experience. He has been working for his current employer under an H-1B status. Based on our client’s educational, professional and working 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 retention, the prevailing wage request was filed. After we obtained a 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 an audit request. 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. Since his priority date is current, our client can file the I-140, I-485 green card application, and I-765 simultaneously.