CASE: PERM Labor Certification
EMPLOYER: Chinese Restaurant
BENEFICIARY: Chinese Specialty Cook in China
LOCATION: Cleveland, Ohio
Our client is a Chinese restaurant in Cleveland, Ohio. They had a prospective employee from China 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 Chinese cook. After talking to our client, our firm concluded that they can petition him as a Chinese Specialty Cook. Our client eventually retained us on May 22, 2018.
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 May 30, 2018, the prevailing wage request was filed. After we got the PW determination, our office filed the job order on October 8, 2018. On February 8, 2019, we promptly filed PERM. Eventually, on April 30, 2019, the PERM Labor Certification was approved – an EB3 position for the Chinese beneficiary. Now our client can file the I-140 petition.
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CASE: PERM Labor Certification
EMPLOYER: Public Schools District
BENEFICIARY: Filipina Speech Language Pathologist
LOCATION: Crosby, North Dakota
Our client has a current employer that was willing to petition her for a second-preference petition (I-140). Our client has a master’s degree in speech language pathology, a valid North Dakota speech language pathology license, and has worked for her current employer since March 2014. Based on our client’s education and work background, our office determined that she is clearly eligible for EB-2 classification for her I-140 petition.
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 January 29, 2019, we promptly filed PERM.
Eventually, on April 26, 2019, the PERM Labor Certification was approved – an EB2 position for the Filipina beneficiary. Since her priority date is current, our client can file the I-140, I-485 green card application, and I-765 simultaneously.
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CASE: Immigrant Visa / EB-3 I-140 Petition
APPLICANT: Kenyan Sales Manager
LOCATION: Nairobi, Kenya
Our client is from Kenya, who used to work in the U.S. with his H-1B status. His former employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor of Business Administration Degree and has worked for the current employer as a Sales Manager. After talking to our client, our firm concluded that his employer can petition him as a Sales Manager. Based on our client’s education and work background, our office determined that he is clearly 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 February 5, 2016, the prevailing wage request was filed. After we obtained Prevailing Wage determination, our office filed the job order on July 6, 2016. On September 27, 2016, we promptly filed PERM. Eventually, on November 22, 2016, the PERM Labor Certification was approved – an EB3 position for the Kenyan 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, ability to pay letter, and other necessary supporting documents. The I-140 petition was filed on December 9, 2016 via premium processing service. However, the USCIS issued Request for Evidence (RFE) on December 21, 2016 and request our client to submit documents regarding Beneficiary’s special skills for the proposed job position and employer’s ability to pay proffered wage. Our office prepared and filed Response to RFE to USCIS on January 3, 2017. Eventually, on January 5, 2017, the I-140 EB-3 Petition for our Kenyan client was approved.
After the approval of the I-140 petition, our client retained us again for his immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on November 29, 2018, who in turn forwarded the client’s materials to the U.S. Embassy in Nairobi, Kenya. An interview notice was set for the client at the U.S. Embassy in Kenya. On March 7, 2019, our client appeared at the U.S. Embassy in Nairobi, Kenya. Eventually, on March 22, 2019, the Immigrant Visa was issued for our client.
With the approved Immigrant Visa, our client can come to the United States immediately, and he will get his green card within two months of entry.
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CASE: PERM Labor Certification
EMPLOYER: Cosmetic Products Manufacturer
BENEFICIARY: Korean Controller
LOCATION: Cleveland, OH
Our client is currently working as a finance manager and his current employer was willing to petition him for a second-preference petition (I-140). Our client has a bachelor’s degree in Business Administration and has more than 5 years of experience as a Financial Analyst. After talking to our client, our firm concluded that his employer can petition him as a Controller. Second preference petitions for Koreans are current, which means that if a PERM Labor Certification for a second preference position gets approved, the I-140 and I-485 could be filed simultaneously. Based on our client’s education and work background, our office determined that he is clearly eligible for EB-2 classification for his I-140 petition. Our client eventually retained us in June 8, 2017.
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 foreign degree evaluation report, our office filed the job order on December 8, 2017. On May 7, 2018, we promptly filed PERM.
However, on August 22, 2018, the Department of Labor issued a request for audit. The DOL requested documents from Petitioner to determine whether the recruitment process was done properly. Moreover, the DOL requested the Petitioner to submit evidence related to bona fide job opportunity which includes Petitioner’s articles of incorporation, quarterly tax, organizational chart, etc. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, recruitment documentation, and other requested documents on September 19, 2018.
Eventually, on December 13, 2018, the PERM Labor Certification was approved – an EB2 position for the Korean beneficiary. Now our client can file the I-140, I-485 green card application, and I-765 simultaneously.
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CASE: PERM Labor Certification
EMPLOYER: Sensor Manufacturing Company in Irvine, CA
BENEFICIARY: Japanese Engineering Manager
Our client from Japan works for his US employer on an H1B status. His current employer was willing to do an immigration petition for him, second-preference. Our client has a Master’s degree in Mechanical Engineering. After talking to our client, our firm concluded that his employer can petition him as an Engineering Manager. Based on our client’s education and resume, our office determined that he is 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 February 20, 2018, the prevailing wage request was filed. After we obtained Prevailing Wage determination, our office filed the job order on May 22, 2018. On September 17, 2018, we promptly filed PERM. Eventually, on November 28, 2018, the PERM Labor Certification was approved – an EB2 position for the Japanese beneficiary. Now our client can file the I-140 petition.
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CASE: Marriage-Based Adjustment of Status
NATIONALITY: Filipina
LOCATION: Houston, TX
Our client is from the Philippines who came to the U.S. on an H-1B visa. In May 2016, our client married her U.S. citizen husband. She retained our office for her green card application, and our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on April 4, 2017. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our clients via conference calls. On November 6, 2018, our client was interviewed at the Houston USCIS office. The interview went well, and eventually, her green card application was approved on the same day of the interview.
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CASE: PERM Labor Certification
EMPLOYER: Public School
BENEFICIARY: Filipina Elementary School Teacher
LOCATION: New Mexico
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 English, a valid New Mexico Teaching license, and has worked for her current employer since 2016. 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 in June 2017.
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 November 1, 2017. On April 13, 2018, we promptly filed PERM.
However, on August 13, 2018, the Department of Labor issued a request for audit. 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 August 22, 2018.
Eventually, on October 23, 2018, 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: Architecture Company in Cleveland, OH
BENEFICIARY: Chinese Architectural Designer
Our client is from China. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Architecture. After talking to our client, our firm thought that his employer can petition him as an Architectural Designer. Based on our client’s education and work background, our office thought that he is clearly 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 February 20, 2018, the prevailing wage request was filed. After we obtained Prevailing Wage determination, our office filed the job order on June 6, 2018. On August 28, 2018, we promptly filed PERM. Eventually, on October 29, 2018, the PERM Labor Certification was approved – an EB3 position for the Chinese beneficiary. Now our client can file the I-140 petition.
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CASE: PERM Labor Certification
EMPLOYER: Research Foundation in Washington, D.C.
BENEFICIARY: French Staff Accountant
Our client is from France. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Accounting and has worked for his current employer on an H-1B status since 2013. After talking to our client, our firm concluded that his employer can petition him as a Staff Accountant. Based on our client’s educational, professional and work backgrounds, our office determined that he clearly 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 December 18, 2017, the prevailing wage request was filed. After we obtained Prevailing Wage determination, our office filed the job order on April 23, 2018. On July 9, 2018, we promptly filed PERM. Eventually, on August 31, 2018, the PERM Labor Certification was approved – an EB3 position for the French beneficiary. Now our client can file the I-140 petition.
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CASE: PERM Labor Certification
EMPLOYER: Tire Mold Manufacturing Company in Akron, OH
BENEFICIARY: Korean Molding Process Engineer
Our client is from South Korea. His current employer was willing to do an immigration petition for him, third-preference. Our client has a Bachelor’s degree in Mechanical Engineering. After talking to our client, our firm concluded they can petition the beneficiary as a Molding Process Engineer. 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 January 17, 2018, the prevailing wage request was filed. After we obtained Prevailing Wage determination, our office filed the job order on April 4, 2018. On June 21, 2018, we promptly filed PERM. Eventually, on August 16, 2018, the PERM Labor Certification was approved – an EB3 position for the Korean beneficiary. Now our client can file the I-140 petition.
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