CASE: EB-2 I-140 Petition / Response to Notice of Intent to Deny
EMPLOYER: Radio Broadcasting Company
BENEFICIARY: Zambian Business Operating Manager
Our client is a business operating manager from Zambia, who used to work at a radio broadcasting company in Texas under his OPT program. While he was working there, the company was willing to do an immigration petition for him, second-preference. Our client has a Master’s degree in Business Administration and has worked for this company for a year under the OPT program. Currently, our client is in F-2 status. He could not continue working there since his OPT expired.
After talking to our client, our firm concluded that his potential employer can petition him as a Business Operating Manager. Based on our client’s educational, professional and working background as an engineer and management analyst, our office determined that he is eligible for EB-2 classification.
Prior to filing the 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.
Within a week from our retention, the prevailing wage request was filed. On January 9, 2014, we filed the PERM labor certification application. Eventually, on June 23, 2014, the PERM labor certification was approved.
Once the PERM was certified, we then proceeded with the I-140 petition filing. Our office submitted an “ability to pay” letter for the I-140 petition application on July 11, 2014 via premium processing. We included the job offer letter, employer’s tax records, and other necessary supporting documents. However, on July 23, 2014, the USCIS Texas Service Center issued a Notice of Intent to Deny for our client’s I-140 petition. According to the Notice of Intent to Deny, the USCIS requested the Petitioner to prove “ability to pay” for beneficiary’s proposed salary. In response to that, our office showed the beneficiary’s previous pay stubs and demonstrated that his previous salary was over and above the prevailing wage for his proposed position. Our office filed a Response to Notice of Intent to Deny which included a 7-page brief and supporting evidence on August 11, 2014.
Eventually, the USCIS approved the I-140 petition on August 15, 2014. Now, with the approved EB-2 I-140 petition (priority date for EB2 Zambian nationals is current), our client can file his adjustment of status application at any time (he could have filed it simultaneously, but beneficiary wanted to make sure the I-140 was approved first).