CASE: I-140 (EB-3 Category) / Schedule A
EMPLOYER: Nursing / Rehabilitation Center
BENEFICIARY: Korean Registered Nurse
LOCATION: Santa Ana, CA
Our client is Korean registered nurse who currently works as a under an OPT. Her current 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 a California Registered Nurse License. Our firm told her that her current employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on January 29, 2021 and we started on her Prevailing Wage Request.
We filed the I-140 application on June 29, 2021 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. Without any issuance of a Request for Evidence (RFE), on July 13, 2021, the I-140 was approved. Now, our client can file an adjustment of status application based on the approved I-140 petition.