CASE: EB-3 I-140
EMPLOYER: Public School District
BENEFICIARY: Filipino 6-8th Grade Science Teacher
LOCATION: Porcupine, SD
Our client has a current employer willing to petition for him under the Employment-Based Third Preference (EB-3) category (Form I-140). Holding a Bachelor’s degree in Secondary Education and a valid South Dakota teaching license, our client has been employed with his current sponsor since May 2023. Based on his educational, professional, and work background, our office determined that he clearly meets the eligibility requirements for EB-3 classification. He formally retained our firm in June 2024.
Prior to filing the PERM application, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other essential pre-PERM filing steps. (Note that a PERM application can be filed no sooner than 60 days from the job order posting date or 30 days from the last advertisement.) Within a week of retention, we submitted the prevailing wage request. After receiving the determination, the employer placed the job order on February 21, 2025, and we filed the PERM application on August 18, 2025. On August 3, 2026, the PERM Labor Certification was approved without an audit for an EB-3 position on behalf of the beneficiary, a national of the Philippines.
Upon PERM approval, the client retained our office to handle his I-140 petition. We submitted the I-140 via Premium Processing on September 17, 2026, and the petition was approved on October 14, 2026, without a Request for Evidence (RFE). Once his priority date becomes current, he will be eligible to file his Form I-485 application for Adjustment of Status.