CASE: I-485 Adjustment of Status / I-140 (EB-3 Category) / Schedule A
EMPLOYER: Nursing / Rehabilitation Center
BENEFICIARY: Nigerian
LOCATION: Spokane, WA
Our client’s beneficiary is a registered nurse from Nigeria licensed in the state of Washington. She came to the United States and currently pursues his Ph.D. degree in nursing in the United States. His prospective employer was willing to petition him for a third-preference employment immigrant visa petition (I-140).
Since he is a registered nurse, he was eligible for “Schedule A” classification. The Department of Labor (DOL) maintains a schedule of occupations in its regulations, Schedule A included, for which the individual permanent labor certification procedure is not required. The schedule of pre-certified occupations is referred to as Schedule A, and is included in DOL regulations at 20 CFR 656.10. Based on an occupation’s inclusion on Schedule A, an employer may file an immigrant visa petition (I-140) directly with the (USCIS) without first going to the DOL for a labor certification. Usually, prior to filing I-140 petitions (EB-2 or EB-3 category), the employer must file a Labor Certification to the Department of Labor. However, for Schedule A cases, the employer does not have to go through the labor certification process. The position of Professional Nurses is included in Schedule A.
Our client has a nursing degree and has a valid state RN license. Our firm told him that his prospective employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on January 10, 2017 and started on his Prevailing Wage Request.
We filed the I-140 application on May 19, 2017 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. Eventually, on May 30, 2017, the I-140 was approved without any Request for Evidence (RFE).
Once his I-140 petition was approved, he retained our office again and determined to file an adjustment of status application for him and his immediate family members. On July 10, 2017, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time.
Prior to the interview, we thoroughly prepared our client at via conference calls as well. On April 25, 2018, our client was interviewed at Spokane Washington USCIS office. Eventually, on April 26, 2018, his and his family members’ green card applications were approved.