CASE: Immigrant Visa / I-140 (EB-3 Category) / Schedule A
EMPLOYER: Nursing / Rehabilitation Center
BENEFICIARY: Filipino Registered Nurse in the Philippines
LOCATION: Manila, Philippines
Our client is a Filipino registered nurse who currently works in the Philippines. His prospective employer was willing to petition him for a third-preference 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 and has a Texas Registered Nurse License. Our firm told him that his prospective employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on February 18, 2019 and we started on his Prevailing Wage Request.
We filed the I-140 application on June 19, 2019 via regular processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. On January 22, 2020, the USCIS Texas Service Center issued a Request for Evidence and asked our client to submit documents to show its “ability to pay” the proffered wage for this beneficiary. Our office filed the Response to RFE on February 3, 2020. Eventually, on February 19, 2020, our client’s I-140 petition was approved.
Once his I-140 was approved, our client retained our office again for his immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on December 14, 2020, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for the client at the U.S. Embassy in Manila. On June 27, 2022, our client appeared at the U.S. Embassy. The interview went well, and the Embassy approved and issued his immigrant visa. With the approved Immigrant Visa, our client can come to the United States immediately, and he will get his green card within two months of entry.