CASE: I-485 Adjustment of Status (EB-3)
EMPLOYER: School
BENEFICIARY: Filipino Social Studies Teacher
LOCATION: Warren, MI
Our client has an employer willing to petition him for a third-preference I-140. Our client has a Bachelor’s degree in Secondary Education, a valid Michigan Teaching license, and has worked for his employer since May 2018. Based on his education and credentials, our office determined that he is eligible for EB-3 classification for his I-140 petition. He retained us in October 2019.
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 assisted the Petitioner to file the job order on June 26, 2020. On October 20, 2020, we filed PERM.
On May 28, 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 16, 2021. Eventually, on August 26, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipino 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 documents. The I-140 Petition was filed on September 28, 2021 via regular processing. On June 30, 2022, the I-140 EB3 Petition for our Filipino client was approved without any Request for Evidence (RFE).
Our client decided to file his I-485 adjustment of status concurrently with the I-140 petition. Our office prepared and filed his I-485 application to the USCIS on September 28, 2021 along with the I-140 petition. On August 12, 2022, our client’s adjustment of status application was approved by the USCIS without any Request for Evidence (RFE).