CASE: I-140 (EB-2 Category) / Schedule A
EMPLOYER: Health Service Ambulatory Facility
BENEFICIARY: Filipina Nurse Manager
LOCATION: Saipan, Northern Mariana Islands
Our client is a Filipina nurse manger and her current employer-sponsor was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she has a registered nurse license and the proffered position for her is a nurse manager at the nursing care facility, the petitioner wanted to try going for a “Schedule A” classification. They also wanted to do EB2 (requiring at least a Masters degree or Bachelors degree + 5 yrs experience).
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 having to file a Labor Certification with the Department of Labor. 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. We argued that the position of Health Services Manager should be classified under Schedule A. We argued that it falls under the broad spectrum of “professional nurse” occupations. We also argued that the job description has excerpts that fall under “professional nurse” and that the description justifies the requirements also of Bachelor’s degree in nursing and five years of related experiences.
Our client has a bachelor’s degree in nursing and more than 5 years of experience as a staff nurse. She also has a registered nursing license in Northern Mariana Islands. Our office was retained and we started on the Prevailing Wage Determination filing and other related matters.
Once the prevailing wage was determined, we filed the I-140 application on October 18, 2017 via regular processing. We included a job offer letter, the notice of filing, employment letter, and other necessary supporting documents. In our cover brief, we included the “ability to pay” argument and why the nurse manager position falls under a Schedule A and EB2 designation.
However, on May 14, 2018, the USCIS issued Request for Evidence (RFE) and requested Petitioner’s most recent tax records to prove its “ability to pay.” Our office filed the Response to RFE on June 7, 2018.
Eventually, on June 26, 2016, the USCIS Texas Service Center approved her EB-2 I-140 petition. Now, with the approved EB-2 I-140 petition (priority date for EB2 Philippines nationals is current), she can file her adjustment of status application.