CASE: I-140 (EB-2)
EMPLOYER: Home Health Services in Chicago Illinois
BENEFICIARY: Nigerian Director of Business Technology and Strategy
Our client is Nigerian, who is in the U.S on H-4 status. His prospective employer was willing to do an immigration petition for him, second-preference. Our client has a Master’s degree in Engineering Management.
After talking to our client, our firm concluded that his employer can petition him as a Director of Business Technology and Strategy. Based on our client’s educational and professional, our office determined that he is eligible for EB-2 classification.
Prior to filing PERM labor certification, 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 Labor Certification application could be filed at least 60 days from the job posting date or 30 days from the last ad, whichever is later.
On October 28, 2014, the prevailing wage request was filed. On April 17, 2015, we filed the PERM labor certification application. Eventually, on November 17, 2015, the PERM labor certification was approved – an EB2 position for the Nigerian Director of Business Technology and Strategy.
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 tax records, and other necessary supporting documents.
The I-140 Petition was filed on November 24, 2015 via premium processing service. However, on December 7, 2015, the USCIS issued a Request for Evidence (RFE) for our client’s petition. In RFE, the USCIS requested our client to submit any documentation that demonstrates his specific software special skills in the past. Our office promptly filed the Response to RFE on December 8, 2015 to USCIS by submitting a letter from his old employer detailing his usage and knowledge of the three specific software that were required. Eventually, on December 16, 2015, the I-140 EB2 Petition for our Nigerian client was approved. He can now file an I-485 adjustment of status application for his green card (he could have filed the I-485 application simultaneously, but he wanted to make sure the I-140 was approved first).