CASE: EB-3 I-140
EMPLOYER: Public School District
BENEFICIARY: Filipina High School Chemistry Teacher
LOCATION: Casa Grande, AZ
Our client has a current employer that was willing to petition for a third-preference I-140. Our client has a Bachelor’s degree in Education, a valid Arizona Teaching license, and has worked for her current employer since July 2016. Based on her education and credentials, our office determined that she is eligible for EB-3 classification for her I-140 petition. Our client eventually retained us in May 2020.
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 only 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 September 2, 2020. On November 17, 2020, we promptly filed PERM.
On June 16, 2021, the Department of Labor issued a request for audit. The DOL requested documents from the 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 25, 2021. On September 29, 2021, 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 W-2 copy, and other necessary supporting documents.
The I-140 Petition was filed on October 29, 2021 via regular processing service. Eventually, on April 16, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).