CASE: EB-3 I-485
EMPLOYER: Plastic Manufacturing Company in Solon, OH
BENEFICIARY: Nigerian Project Engineer
Our client is from Nigeria. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Chemical Engineering. After talking to our client, our firm concluded that his employer can petition him as a Project Engineer. Based on our client’s education and work background, our office determined that he is eligible for EB-3 classification.
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. PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On February 20, 2019, the prevailing wage request was filed. After we obtained the Prevailing Wage determination, our office filed the job order on June 11, 2019. On September 3, 2019, we promptly filed PERM. Eventually, on December 18, 2019, the PERM Labor Certification was approved – an EB3 position for the Nigerian 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 December 30, 2019 via regular processing. On March 25, 2020, the USCIS issued a Request for Evidence (RFE) for the I-140 petition and requested our client to submit evidence to verify beneficiary’s special skills on the PERM application. Our office prepared and filed the Response to RFE to the USCIS on April 1, 2020. On April 27, 2020, the I-140 EB3 Petition for our Nigerian client was approved.
When we filed his I-140 petition, he concurrently filed his I-485 adjustment of status application. On October 16, 2020, the USCIS Nebraska Service Center approved our client’s adjustment of status application without an interview. He is now a permanent resident.