CASE: PERM Labor Certification
EMPLOYER: Church
BENEFICIARY: Korean Education Pastor
LOCATION: Tampa, FL
Our client’s current employer was willing to petition him for a second-preference petition (I-140). Our client has a master’s degree in divinity in the United States and currently works for a church on an R-1 visa. Based on our client’s education and work background, our office determined that he is eligible for EB-2 classification for his I-140 petition. Our client eventually retained us on January 3, 2017.
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 April 5, 2017. On June 26, 2017, we promptly filed PERM.
However, on October 2, 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 October 17, 2017.
Eventually, on March 7, 2018, the PERM Labor Certification was approved – an EB2 position for the Korean beneficiary. Since his priority date is current, our client can file the I-140, I-485 green card application, and I-765 simultaneously.