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With the expertise of our team, we successfully demonstrated the legitimacy of our client’s job opportunity and provided comprehensive documentation, leading to the approval of the PERM application. Subsequently, our client’s I-140 petition was approved, paving the way for the Adjustment of Status and ultimately culminating in the issuance of their green card after a total of two years, two months, and 14 days of diligent efforts and determination.
Our client had been working with us for the past two years, with the desire to pursue the PERM process for obtaining permanent residence. In 2021, we submitted a Prevailing Wage Determination (PWD), and within just five months and nine days, the determination was issued. The subsequent steps included running job advertisements, and after 40 days, we were prepared to file his PERM application.
The employer needed to submit a formal letter outlining how they would utilize our client’s skills as a permanent, full-time Data Scientist at their New Hampshire job location. In this letter, it was imperative to demonstrate that our client met the minimum job requirements. Fortunately, our client possessed a master’s degree in computer science and had over six months of work experience, as required by the certified ETA 9089. His qualifications for the position were exceptional. To affirm that the prospective U.S. employer could meet the offered wage, we provided annual reports, federal tax returns, and audited financial statements.
A Notice of Filing of Application under the U.S. Department of Labor’s Permanent Labor Certification Program was submitted, detailing the job’s duties, hours, pay, requirements, and posting dates. Everything was submitted meticulously, however, our client was selected for a random audit.
These audits are typically based on random selection to ensure fairness in the PERM process. Nevertheless, we responded to the audit by demonstrating the bona fide job opportunity and the evidence of job advertisement through an employee referral program. We submitted multiple exhibits showing dates of when the job advertisements ran, incentives offered with the job, and we explained how current employees were notified of the available job opportunity with the implementation of the company’s referral program. Our audit response included:
This comprehensive documentation was submitted to build a strong case for the audit response. Within two months, our client’s PERM was approved. Subsequently, we filed his I-140 under premium processing, and within just ten business days, his I-140 was also approved. The I-140 is the form employers use to petition noncitizen workers for permanent resident status.
Once the I-140 was approved, we proceeded to file an Adjustment of Status, and shortly after, our client received his Employment Authorization Document (EAD) and Advanced Parole (AP) within six months. Finally, our client received his green card after two years, two months, and 14 days. The total case duration was 2 years, 2 months, and 14 days (805 days) from the PWD submission to the I-485 approval.
As you can see, the VisaNation Law Group attorneys were tireless in helping our client obtain their I-485 approval. The team has helped countless clients get approved for employment-based immigration visas and we’re confident they can help you as well. Get in touch with us today to schedule a consultation with one of our attorneys.