CASE: I-140 (EB-3 Category) / Schedule A
EMPLOYER: Nursing / Rehabilitation Center
BENEFICIARY: Filipino
LOCATION: Houston, TX
Our client’s beneficiary is a registered nurse from the Philippines licensed in the state of Texas. He came to the United States and is currently studying here on an F-1 visa. His prospective employer was willing to petition him for a third-preference employment immigrant visa petition (I-140) as a registered nurse.
Since he 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 nursing degree. Our firm told him that his employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on March 12, 2015 and started on his Prevailing Wage Request.
We filed the I-140 application on June 3, 2015 via regular processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. Without any Request for Evidence (RFE), on October 7, 2015, the I-140 was approved. Now, our client can file an I-485 adjustment of status application based on the approved I-140 petition when the priority date becomes current.