CASE: I-140 (Skilled Worker) / Schedule A
EMPLOYER: Nursing / Rehabilitation Center
BENEFICIARY: Kyrgyz
LOCATION: Rockford, IL
Our client’s beneficiary is a registered nurse from Kyrgyzstan and licensed in the state of Illinois. She came to the United States on a F-1 student’s visa. Her prospective 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 an Associate of nursing degree and has 2 years of work experience as a Registered Nurse. 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 November 3, 2020 and started on her Prevailing Wage Request.
We filed the I-140 application on June 16, 2021 via premium processing. We included the job offer letter, the notice of filing, employer’s financial ability to pay letter, and other necessary supporting documents. Eventually, on June 28, 2021, the I-140 was approved without any Request for Evidence (RFE).