CASE: I-140 (EB-3 / Skilled Worker)
EMPLOYER: Chinese Restaurant
BENEFICIARY: Chinese
LOCATION: Ohio
Our client is a Chinese restaurant in Ohio. They had a prospective employee from China and they were willing to petition him for a skilled worker, third-preference petition (I-140). Their prospective employee has more than 2 years of experience as a Chinese cook. After talking to our client, our firm concluded that they can petition him as a Chinese Specialty Cook. Our client eventually retained us on September 29, 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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On October 6, 2016, the prevailing wage request was filed. After we got the PW determination, our office filed the job order on January 24, 2017. On June 9, 2017, we promptly filed PERM. Eventually, on October 25, 2017, the PERM Labor Certification was approved – an EB3 position for the Chinese beneficiary.
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 January 22, 2018 via regular processing service. Eventually, on September 18, 2018, the I-140 EB3 Petition for our Chinese client was approved without any Request for Evidence (RFE). He can file an immigrant visa once his priority date becomes current.