CASE: EB-3 I-140
EMPLOYER: Heavy Equipment Rental Company Petitioner in Christiansted, VI
BENEFICIARY: Filipino Warehouse Supervisory Training Specialist
Our client is from the Philippines and his prospective employer was willing to do an I-140 Petition for him, third preference. Our client has a Bachelor’s degree in Education. After consultation, we found that his employer can petition for him as a Warehouse Supervisory Training Specialist. Based on our client’s education and work background, our office determined that he is eligible for EB-3 classification.
Before filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important for pre-PERM filing. Take note that PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On April 21, 2021, the prevailing wage request was filed. After we obtained the Prevailing Wage determination, our office filed the job order on October 9, 2021. On February 17, 2022, we filed PERM. On October 28, 2022, 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, the employer’s tax records, and other necessary supporting documents.
The I-140 Petition was filed on November 22, 2022 via a premium processing service. On December 6, 2022, the USCIS issued a Request for Evidence and asked our client to prove the employer’s ability to pay. Our office prepared and filed a detailed Response to RFE along with the employer’s audited financial statements. On March 13, 2023, the I-140 EB3 Petition for our Filipino client was approved. Now he can file his adjustment of status application.