CASE: EB-3 I-140
EMPLOYER: Rehabilitation Center in Katy, TX
BENEFICIARY: Filipina SM Network and Computer Systems Administrator in Malaysia
Our client has a prospective employer that as willing to petition her for a third-preference petition (I-140). Our client has a Bachelor’s degree in Computer Science and currently works for an IT consulting company in Malaysia. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition. Our client eventually retained us in April 2018.
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, the job order was filed on September 27, 2018. On January 21, 2019, we promptly filed PERM.
However, on May 24, 2019, 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 June 6, 2019.
Eventually, on August 29, 2019, the PERM Labor Certification was approved – an EB3 position for the Filipina 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, employee’s academic credential documents, and other necessary supporting documents.
The I-140 Petition was filed on September 18, 2019 via regular processing service. Eventually, on October 11, 2019, the I-140 EB3 Petition for our Filipina client was approved.