Background
Our client aimed to bring Selena, a childcare worker from Brazil, to the U.S. to care for his young children. With a high school diploma and four years of experience in childcare, Selena had never been to the U.S. before. Her background included organizing educational activities, preparing nutritious meals, overseeing children’s daily routines, and handling light housekeeping. Fluent in Spanish and Portuguese, CPR-trained, and fully vaccinated, Selena possessed all the skills necessary to create a nurturing, structured environment for the children.
Selena’s role included a variety of responsibilities that went beyond traditional childcare. She would be responsible for:
- Organizing activities or a curriculum for the children to learn about the world
- Developing schedules and routines for the children
- Preparing fresh meals and snacks
- Cleaning the house
- Doing the laundry
- Assisting with personal care
- Helping the children with their schoolwork
VisaNation Case Strategy
To bring Selena to the U.S. and eventually secure her legal work status, we filed an initial B-2 visa to allow her temporary stay. Our team framed the case so that a childcare worker qualified as a skilled worker, which meant we could file Selena’s application through the EB-3 to green card process. We then embarked on the multi-stage PERM process to obtain a green card under the EB-3 category.
Stage 1
We filed a PERM (Prevailing Wage) application, which involved demonstrating Selena’s unique skills as a childcare worker. Currently, Stage 1 takes about a year.
Stage 2
We filed the I-140 petition, a process that typically lasts 8-9 months.
Stage 3
Depending on the priority date, this is when we filed the I-485 application, which is the adjustment of status.
Selena qualified under the third employment-based preference category, which applied to skilled workers, professionals, and other workers. We structured the case so that Selena fell under the skilled worker category. The June 2023 Visa Bulletin was the most current Visa Bulletin at the time, and the final action date was marked as June 1, 2022, which means that it would take around one year for Selena’s application to be processed.
Once the I-485 was filed, Selena received her EAD (Employment Authorization Document) which would allow her to start working while waiting for her green card.
Issue
However, not too long after a PERM Certifying officer issued an audit, requesting evidence that our client could financially support Selena’s employment. We promptly responded by providing a comprehensive audit package, including:
- Copy of the notice of filing
- Proof of advertisement confirmation for the position
- State payroll tax documentation
- Quarterly bank statements
- Federal income tax statements
- Listings of the current employees
- Copies of W-2 forms issued to employees
Verdict
USCIS approved Selena’s green card after 8 months of responding to the audit. She was granted a visa under the E26 category and a 10-year residency in the U.S.
