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PERM Labor Certification Approval for Indian Chief Financial Officer Beneficiary and Wastewater Management Company Petitioner in Missouri

by JP Sarmiento on January 12, 2018

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CASE: PERM Labor Certification / Audit Response

EMPLOYER: Wastewater Management Company

BENEFICIARY: Indian Chief Financial Officer

LOCATION: Missouri

Our client’s current employer was willing to petition her for a second-preference petition (I-140).  Our client has a Master’s degree in Business Administration (MBA) in the United States and work experience. Based on our client’s educational, professional 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 August 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 January 10, 2017.  On May 3, 2017, we promptly filed PERM.

However, on July 28, 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 August 8, 2017.  

Eventually, on January 9, 2018, the PERM Labor Certification was approved – an EB2 position for the Indian beneficiary. Now, our client can file the I-140.

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