CASE: I-140 (EB-3 Category) / Schedule A
EMPLOYER: Nursing / Rehabilitation Center
BENEFICIARY: Filipina
LOCATION: Des Plaines, IL
Our client is a registered nurse in the Philippines. Her prospective employer was willing to petition for a Nurse I-140. Since she is a registered nurse, she is 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 several years of related experience. During the consultation, our firm concluded that his prospective employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on May 17, 2022 and we started to work on the Prevailing Wage determination filing.
We filed the I-140 application on December 19, 2022 via regular processing. We included the job offer letter, the notice of filing, her degrees and a nursing license, and other necessary supporting documents. On March 6, 2023, the I-140 was approved without any Request for Evidence (RFE). Now, our client can file an immigrant visa application based on the approved I-140 petition.