CASE: I-485 Adjustment of Status based on Approved I-140 (EB-3 Category) / Schedule A
EMPLOYER: Nursing / Rehabilitation Center
BENEFICIARY: Nepalese
LOCATION: Houston, TX
Our client’s beneficiary is a registered nurse from Nepal and licensed in the state of Texas. She came to the United States and currently works in the United States on her TPS (Temporary Protected Status). Her current employer was willing to petition her for a third-preference employment immigrant visa petition (I-140).
Since she is a registered nurse, he 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 Bachelor of nursing degree and has worked for the sponsor-employer. Our firm told her that her employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on June 15, 2016 and started on her Prevailing Wage Request.
We filed the I-140 application on October 20, 2016 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. However, on November 4, 2016, the USCIS issued Request for Evidence and asked our client to submit the copy of her bachelor’s degree certificate. Our office filed the response to USCIS on November 7, 2016. Eventually, on November 15, 2016, the I-140 was approved.
Then, we proceeded with our client’s I-485 adjustment of status application. We prepared and file our client’s adjustment of status application along with supporting documents to USCIS on December 1, 2016. Eventually, our client’s adjustment application was approved by the USCIS on October 20, 2017 without any Request for Evidence. After a long wait, our client is finally a green card holder.