CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Biology Teacher

LOCATION: Casa Grande, AZ

Our client’s employer was willing to file a third-preference petition (I-140) for her.  She has a Bachelor’s degree in Secondary Education, a valid Arizona Teaching license, and has worked for her current employer since September 2017. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us on May 4, 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 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 9, 2020.  On November 24, 2020, we filed PERM. 

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

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CASE: PERM Labor Certification    
EMPLOYER: Seafood & Steak Restaurant
BENEFICIARY: Canadian
LOCATION: Naples, FL

Our client is a Seafood & Steak restaurant in Naples, FL. They had a prospective employee from Canada and they were willing to petition him for a skilled worker, third-preference petition (I-140). Their prospective employee has more than 2 years of experience as a Mediterranean Specialty Cook. We were retained on March 3, 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 PERM could be filed at least 60 days from the job posting date or 30 days from the last ad. On March 18, 2020, the prevailing wage request was filed.  After we got the PW determination, our office filed the job order on August 19, 2020.  On November 20, 2020, we promptly filed PERM.  Eventually, on May 27, 2021, the PERM Labor Certification was approved – an EB3 position for the Canadian beneficiary. Now our client can file the I-140 petition.

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CASE: I-140 / National Interest Waiver

CLIENT: Korean

LOCATION: Cleveland, OH

Our client contacted us about the possibility of doing a National Interest Waiver self-petition. He is a researcher from South Korea in the field of Biomedical Engineering. 

Our client’s significant contributions have placed him at the pinnacle of his field. Throughout his career, our client has made important and innovative contributions to the field of biomedical engineering. He successfully demonstrated the development of an oral gene delivery for liver cancer treatment based on gene therapy. He also developed novel Polysaccharide-Coated Magnetic Nanoparticles for imaging and gene therapy. Because of his research, our client’s publications were highly evaluated by reviewers of various journals and by colleagues and experts in the field.

Upon review of his credentials and qualifications, our office determined that he was definitely qualified for the National Interest Waiver (NIW) category. Being qualified for NIW is beneficial since you would not need an employer nor family member to petition for you for green card purposes. You’d be eligible for a self-petition and unless you are from China or India, in which case you’d still have to wait for priority dates to be current, you would be eligible to apply for adjustment of status (green card) immediately without any lag in priority dates.

As a primer, NIW applicants must have a master’s or higher degree. While we prepared his case, the AAO set the new standards for NIW cases in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Under the new standard, the petitioner must demonstrate that the foreign national’s proposed endeavor has both substantial merit and national importance. Next, it must be shown that he or she is well positioned to advance the proposed endeavor. Finally, the petitioner seeking the waiver needs to demonstrate that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Id. 

Our office prepared a 27-page brief for our client’s NIW filing. Our client also obtained 7 letters of recommendation from his colleagues and internationally-recognized researchers. Our office also included his publication records, presentation records, and conference materials in the NIW application. We demonstrated that our client is one of the few elite researchers who have made significant and substantial contributions to his field of endeavor, that he is well positioned to advance the proposed endeavor, and it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification for our client. 

Our office filed his I-140(NIW) petition to the USCIS Nebraska Service Center on September 29, 2020. Eventually, on May 28, 2021, the USCIS approved his I-140 petition without any Requests for Evidence.  When we filed his I-140, he concurrently filed his I-485 adjustment of status application. His adjustment of status application will be approved soon as well.

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CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina Elementary Special Education Teacher

LOCATION: Mohave Valley, AZ

Our client has an employer who was willing to do an I-140 Petition for her. Our client has a Bachelor’s degree in Education, a valid Arizona Teaching license, and has worked for her current employer since July 2014. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client 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 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 March 3, 2020.  On June 26, 2020, we filed PERM. 

On January 4, 2021, the Department of Labor issued an audit request. The DOL requested documents from 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 January 29, 2021.   

Eventually, on May 20, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. Our client can file the I-140 petition at any time.

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CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipino High School Math Teacher

LOCATION: Casa Grande, AZ

Our client has a current employer that was willing to petition for a third-preference I-140.  He has  a Bachelor’s degree in Secondary Education, a valid Arizona Teaching license, and has worked for his current employer since August 2016. Based on our client’s education and work background, our office determined that he is eligible for EB-3.  Our client eventually retained us in April 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. 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 August 12, 2020.  On November 5, 2020, we filed PERM. 

Eventually, on May 21, 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: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina Elementary School Teacher

LOCATION: Mohave Valley, AZ

Our client has a current employer that was willing to petition her for a third-preference position (I-140).  Our client has a Bachelor’s degree in Elementary Education, a valid Arizona Teaching license, and has worked for her current employer since July 2014. Based on our client’s education and professional background, our office determined that she is eligible for EB-3 classification. Our client eventually retained us in June 2014.

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 October 14, 2019.  On January 10, 2020, we filed PERM. 

Eventually, on May 13, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. Our client can file the I-140 petition at any time.

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CASE: PERM Labor Certification

EMPLOYER: Public School District

BENEFICIARY: Filipina Elementary School Teacher

LOCATION: Mohave Valley, AZ

Our client has a current employer that as willing to petition her for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Elementary Education, a valid Arizona Teaching license, and has worked for her current employer since July 2014. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client retained us in June 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 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 July 20, 2020. On October 20, 2020, we filed PERM. 

Eventually, on May 11, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary without the audit. Our client can file the I-140 petition at any time.

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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: PERM Labor Certification

EMPLOYER: School

BENEFICIARY: Filipina Middle School Science Teacher

LOCATION: Mt. Clemens, MI

Our client has a current employer that was willing to petition her for a third-preference petition (I-140).  Our client has a Bachelor’s degree in Education, a valid Michigan Teaching license, and has worked for her current employer since May 2018. 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 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 12, 2020, we filed PERM. 

Eventually, on May 3, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. Our client can file the I-140 petition at any time.

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CASE: EB-2 I-140    
EMPLOYER: Dental Group in Cleveland, OH
BENEFICIARY: Canadian Dentist

Our Canadian client works in the United States as an associate dentist under H-1B status. His current employer was willing to do an immigration petition for him, second-preference. Our client has a Doctor of Dental Medicine degree in the United States. Based on our client’s education and work background, he is clearly eligible for EB-2 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 December 10, 2019, the prevailing wage request was filed.  After we obtained the Prevailing Wage determination, our office filed the job order on April 1, 2020.  On June 8, 2020, we promptly filed PERM.  Eventually, on December 16, 2020, the PERM Labor Certification was approved – an EB2 position for the Canadian beneficiary. 

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition. We included the job offer letter, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on January 14, 2021, via regular processing service. We also filed his I-485 adjustment of status application simultaneously since his priority date was current. On April 14, 2021, our office filed a premium processing upgrade request to the USCIS upon our client’s request. Eventually, on April 26, 2021, the I-140 EB2 Petition for our Canadian client was approved without any Request for Evidence (RFE). 

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