CASE: PERM Labor Certification
EMPLOYER: Food / Restaurant Company
BENEFICIARY: Korean In-House Graphic / Web Design Specialist
LOCATION: Cleveland, OH
Our client has a prospective employer that was willing to petition her for a third-preference petition (I-140). Our client has a bachelor’s degree in a graphic design in the United States and work experience. Based on our client’s education, professional and work background, our office determined that she was clearly eligible for EB-3 classification for her I-140 petition. Our client eventually retained us in May 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 November 4, 2016. On April 7, 2017, we promptly filed PERM.
However, on August 22, 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 September 5, 2017.
Eventually, on December 11, 2017, the PERM Labor Certification was approved – an EB3 position for the Korean beneficiary. Since her priority date is current, our client can file the I-140, I-485 green card application, and I-765 simultaneously.