CASE: PERM Labor Certification

EMPLOYER: Heavy Equipment Rental Company

BENEFICIARY: Filipino Warehouse Supervisory Training Specialist

LOCATION: Christiansted, VI

Our client is from the Philippines. His prospective employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Education. His employer can petition 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. 

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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On November 17, 2020, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on April 15, 2021.  On September 24, 2021, we filed PERM. On March 30, 2022, the PERM Labor Certification was approved – an EB3 position for the Filipino beneficiary. Now our client can file the I-140 petition.

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CASE: EB-3 I-140

EMPLOYER: Heavy Equipment Rental Company

BENEFICIARY: Filipino KRB Electronic Test Engineer

LOCATION: Christiansted, VI

Our client has an employer who was willing to file a third-preference immigrant petition (I-140) for him.  Our client has a Bachelor’s degree in Electronics Engineering and has worked for his current employer since September 2017. Based on our client’s education and work background, our office determined that he is eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us on December 12, 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 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 April 28, 2020.  On September 24, 2020, we promptly filed PERM. Eventually, on May 7, 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 necessary supporting documents.

The I-140 Petition was filed on June 10, 2021 via premium processing service. Eventually, on June 24, 2021, the I-140 EB3 Petition for our Filipino client was approved without any RFE. Now he can file his adjustment of status application.

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CASE: PERM Labor Certification

EMPLOYER: Heavy Equipment Rental Company

BENEFICIARY: Filipino KRB Electronic Test Engineer

LOCATION: Christiansted, VI

Our client has a current employer that was willing to petition him for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Electronics Engineering and has worked for his current employer since September 2017. Based on our client’s education and work background, our office determined that he is eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us on December 12, 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 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 April 28, 2020.  On September 24, 2020, we promptly filed PERM. 

Eventually, on May 7, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipino beneficiary. Our client can file the I-140 petition at any time.

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CASE: J-1 Waiver (No Objection Statement)

NATIONALITY: Philippines

LOCATION: Christiansted, VI

Our client came from the Philippines on a J-1 visa in September 2016 to work as a teacher. She was subject to the two-year foreign residency requirement. Her wanted sponsor her green card and she consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, he or she cannot get a green card in the United States until he or she fulfills the requirement or obtains a waiver.

Our office told our client that she can apply for a waiver under the No Objection Statement category based on the fact that she has a U.S. citizen son. 

On March 3, 2020, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  We then prepared and filed the No Objection Request to the EVP. Eventually, the No Objection Statement was issued. 

On September 10, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  On September 23, 2020, the USCIS issued an I-612 approval notice for the waiver.

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CASE: Change of Status / I-539
NATIONALITY: Filipina
LOCATION: Christiansted, VI

Our client is from the Philippines who came to the U.S. on a J-1 exchange visitor visa to work in the United States. She consulted with our firm a few weeks before the expiration of her J-1 status. She wanted to continue to stay in the United States for six more months to spend more time here for her medical treatment.  We explained her that CIS has been more stringent on Visitor status change. Upon retention, we asked her to prepare a statement on her plans if her change of status request is granted. We asked her to provide as much detail as possible as we reviewed her drafts several times. We made sure all addresses, contact information, and dates on her statements were complete and accurate. We made sure all her plans were supported by corroborating evidence as exhibits to the application to avoid a possible Request for Evidence by the CIS. Our office submitted financial documents and medical documents as well. We filed the I-539 Change of Status Application on September 7, 2019. Eventually, without any Request for Evidence (RFE), his change of status request (from J-1 to B-2) was granted by the USCIS on April 20, 2020. 

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CASE: PERM Labor Certification    
EMPLOYER:  Food Company Petitioner in Christiansted, VI
BENEFICIARY: Filipino Warehouse Supervisory Training Specialist

Our client is from the Philippines. His prospective employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Education. After talking to our client, our firm concluded that his employer can petition him as a Warehouse Supervisory Training Specialist. Based on our client’s education and working background, our office determined that he is eligible for EB-3 classification. 

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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On January 21, 2019, the prevailing wage request was filed.  After we obtained Prevailing Wage determination, our office filed the job order on May 10, 2019. On September 7, 2019, we promptly filed PERM. Eventually, on December 18, 2019, the PERM Labor Certification was approved – an EB3 position for the Filipino beneficiary. Now our client can file the I-140 petition. 

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