CASE: PERM Labor Certification
EMPLOYER: Non-Profit Housing Organization
BENEFICIARY: Kenyan Non-Profit Housewarming Project Manager
LOCATION: Cleveland, OH
Our client is currently working as a Non-Profit Housewarming Project Manager whose current employer was willing to petition him for a second-preference EB2 petition (I-140). Our client has a bachelor’s and a master’s degree in a related field and working experience as well. He has been working for his current employer under OPT status. Based on our client’s education, professional and work background, our office determined that he is clearly eligible for EB-2 classification for his I-140 petition. Our client eventually retained us.
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. On April 2, 2015, the prevailing wage request was filed. Once we received the Prevailing Wage determination, our office filed the job order on August 20, 2015. On November 20, 2015, we filed PERM.
However, on May 2, 2016, 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 May 11, 2016.
Eventually, on July 18, 2016, the PERM Labor Certification was approved – an EB2 position for the Kenyan beneficiary. Since his priority date is current, our client can file the I-140, I-485 green card application, and I-765 simultaneously.