CASE: PERM Labor Certification
EMPLOYER: Public Schools District
BENEFICIARY: Filipina Speech Language Pathologist
LOCATION: Kansas
Our client has a current employer that was willing to petition her for a second-preference petition (I-140). Our client has a master’s degree in speech language pathology, a valid Kansas speech language pathologist license, and has worked for her current employer since August 2014. Based on our client’s education and work background, our office determined that she is clearly eligible for EB-2 classification for her I-140 petition. Our client eventually retained us in November 2016.
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 March 21, 2017. On July 17, 2017, we promptly filed PERM.
However, on December 18, 2017, 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 December 28, 2017.
Eventually, on March 19, 2018, the PERM Labor Certification was approved – an EB2 position for the Filipina beneficiary. Since her priority date is current, our client can file the I-140, I-485 green card application, and I-765 simultaneously.