CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing
EMPLOYER: Physicians’ Office
BENEFICIARY: Kenyan Nurse Practitioner
LOCATION: Houston, TX
Our client is a family nurse practitioner. Her prospective employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she is a family nurse practitioner, 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 Nurse Practitioner is included in Schedule A.
Our client has a Bachelors and Masters degree in nursing and is a Certified Nurse Practitioner. Our office was retained on March 16, 2020, and we filed the Prevailing Wage Determination immediately.
We filed the I-140 application on September 25, 2020 via premium processing. We included the job offer letter, notice of filing, employment letter, and other necessary supporting documents. In our cover brief, we included the “ability to pay” argument and why nurse practitioners must fall under the Schedule A designation. Eventually, on October 14, 2020, the USCIS Texas Service Center approved her EB-2 I-140 petition without a Request for Evidence (RFE). Since the priority date for a Kenyan national is current for the EB-2 category, she is eligible to file her adjustment of status application now.