CASE: Adjustment of Status / EB-3 Schedule A
EMPLOYER: Nursing / Rehabilitation Center
BENEFICIARY: Filipina
LOCATION: Houston, TX
Our client’s beneficiary is a registered nurse from the Philippines licensed in the state of Texas. She came to the United States and currently works in the United States with her E-2 status. Her prospective employer was willing to petition her for a third-preference employment immigrant visa petition (I-140) as a registered nurse.
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 in Schedule A.
Our client has a nursing degree and has Texas Registered Nursing License. Our firm told her that her prospective employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on January 11, 2018 and started on her Prevailing Wage Request.
We filed the I-140 application on May 2, 2018 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. Without any issuance of Request for Evidence (RFE), on May 17, 2018, the I-140 was approved.
Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her. On May 1, 2019, 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 November 25, 2019, our client was interviewed at Houston Texas USCIS office. Attorney Sung Hee (Glen) Yu also accompanied our client as well. However, her visa number was not available at the time of the interview. Nevertheless, on February 6, 2020, her green card application was approved.