EB-3 Approval — Fine Dining Chef Secures Green Card After Successful PERM Labor Certification

IMMIGRATION LAW · SONG LAW FIRM SUCCESS STORY

Client Profile

Fine dining chef specializing in Asian cuisine with eight years at Michelin Guide-recommended restaurants. Sponsored for an Executive Chef position at a new fine dining restaurant in New York.

Case Background

EB-3 Skilled Worker requires two or more years of experience, and the case must first clear PERM Labor Certification. Chef positions fall under O*NET SOC 35-1011 Chefs and Head Cooks, with prevailing wage varying by location and skill level.

Legal Issues

• PWD (Prevailing Wage Determination) — matching Level II requirements
• Recruitment across multiple channels (newspaper, state job bank, company website, etc.)
• Written documentation of U.S. worker applicant review and rejection reasons
• I-140 petition employer ability to pay financial evidence

Song Law Firm Strategy

• Supported PWD Level II with clear management and supervisory responsibilities documentation
• Ran recruitment across six parallel channels (2-day newspaper ad, state job bank, company website, industry recruitment sites, internal posting, direct mail)
• Documented rejection reasons in writing for all 17 applicants, tied to insufficient qualifications or experience gaps
• Submitted three years of sponsor company audited financial statements with the I-140

Result

PERM approved in five months, I-140 approved in three months. Filed I-485 concurrently with priority date current.

Lessons

The key to a chef's EB-3 is disciplined recruitment documentation. Applicant rejection reasons must match O*NET actual requirements — neglect here triggers audits.