CASE: I-140 (EB-3 Category) / Schedule A
EMPLOYER: Hospital
BENEFICIARY: Canadian
LOCATION: New York, NY
Our client is a registered nurse, who is currently working at a large hospital in New York City. Her employer was willing to petition her for a third-preference employment immigrant visa petition (I-140). Since she was a registered nurse, 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 Professional Nurses is included on Schedule A.
Our client has a nursing degree and has more than 5 years related experience. Her employer filed an I-140 petition for her before; however, it was denied due to the prevailing wage issue. After talking to our client, our firm concluded that her potential employer can petition her again as a Registered Nurse under the schedule A category.
We filed the I-140 application on September 9, 2011 via regular processing. We included the job offer letter, employment verification letters from our client’s previous employers, the notice of filing, her TN status approval notices, and other necessary supporting documents. On May 14, 2012, the I-140 was approved. Now, our client can file I-485 adjustment of status application based on the approved I-140 petition when her priority date becomes current.
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