CASE: I-485 Adjustment of Status / EB-2 I-140
EMPLOYER: Nutrition Management Company
BENEFICIARY: Taiwanese Consulting Dietician in Toledo, OH
Our client has a current employer that was willing to petition her for a second-preference petition (I-140). Our client has a master’s degree in nutrition, a valid state dietician license, and has worked for her current employer since November 2018. Based on our client’s education an work background, our office determined that she is eligible for EB-2 classification for her I-140 petition.
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, our office filed the job order on October 8, 2019. On February 22, 2020, we filed PERM. Eventually, on June 18, 2020, the PERM Labor Certification was approved – an EB2 position for the Taiwanese 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 August 28, 2020, via regular processing. We also filed her I-485 adjustment of status application simultaneously since her priority date was current. On October 1, 2020, our office filed a premium processing upgrade request to the USCIS upon our client’s request. Eventually, on October 14, 2020, the I-140 EB2 Petition for our Taiwanese client was approved without any Request for Evidence (RFE).
When we filed her I-140 petition, she concurrently filed her I-485 adjustment of status application. On March 30, 2021, the USCIS approved our client’s adjustment of status application without an interview. She is now a green card holder.