CASE: I-140 (EB-3 Category) / Schedule A
EMPLOYER: Nursing / Rehabilitation Center
BENEFICIARY: Brazilian
LOCATION: Kaneohe, HI
Our client is a registered nurse from Brazil licensed in the state of Hawaii. She came to the United States and worked for the petitioner in the United States with her OPT status. Her former employer was willing to petition her for a third-preference employment immigrant visa petition (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 in Schedule A.
Our client has a 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 April 4, 2019 and started on her Prevailing Wage Request.
We filed the I-140 application on October 1, 2019 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. However, the USCIS issued Request for Evidence on October 9, 2019 and requested our client to submit the Petitioner’s financial record to show ability to pay the proffered wage for our client. We filed the Response to RFE on December 11, 2019 and eventually, on December 21, 2019, the I-140 was approved.