CASE: I-485 / I-140 (EB-2)
EMPLOYER: Home Health Services in Chicago Illinois
BENEFICIARY: Nigerian Director of Business Technology and Strategy
Our client is a Nigerian individual who was 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, professional and working background, 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.
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 the RFE, the USCIS requested our client to submit any documentation that demonstrates his specific software usages in the past. Our office filed the Response to RFE on December 8, 2015 to USCIS. Eventually, on December 16, 2015, the I-140 EB2 Petition for our Nigerian client was approved.
Once his I-140 petition was approved, our office prepared his adjustment of status application. On December 23, 2015, our office filed I-485 adjustment of status applications for our client and his wife. Everything went smoothly and the receipt notices and fingerprint appointment came on time.
Eventually, on March 23, 2016, the USCIS approved our client and his wife’s I-485 adjustment of status applications. Now, he is a green card holder.