CASE: I-485 Adjustment of Status based on Approved EB-2 Schedule A I-140
EMPLOYER: Outpatient Mental Health Center
BENEFICIARY: Korean Nurse Practitioner
LOCATION: Orem, Utah
Our client is a certified mental health nurse practitioner. His current employer was willing to petition him for a second-preference employment immigrant visa petition (I-140). Since he is a certified mental health nurse practitioner, she 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 Nurse Practitioner is included in Schedule A.
Our client has a Ph.D. degree in nursing and is a certified Nurse Practitioner. Our office was retained on August 9, 2018, and we filed the Prevailing Wage Determination immediately.
We filed the I-140 application on January 18, 2019 via premium processing. We included the job offer letter, the notice of filing, employment letter, and other necessary supporting documents.
In our cover brief, we included the “ability to pay” argument and why nurse practitioners must fall under the Schedule A designation. Eventually, on January 30, 2019, the USCIS Nebraska Service Center approved his EB-2 I-140 petition.
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 wife. On February 26, 2019, our office filed an I-485 adjustment of status application for our client and his wife. Everything went smoothly and the receipt notices and fingerprint appointment came on time.
Prior to the interview, we thoroughly prepared our client via conference calls as well. On September 16, 2019, our client was interviewed at Salt Lake City Utah USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Though their interview went well, the visa numbers were not available for their cases in September of 2019. Nevertheless, on November 13, 2019, their I-485 applications were approved by the USCIS.