CASE: I-485 Adjustment of Status / Schedule A
APPLICANT: Taiwanese
LOCATION: Brooklyn, NY
Our client is a physical therapist. Her current employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a physical therapist, she was 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 Master’s degrees in Rehabilitation Science and is a licensed physical therapist in the State of New York. Our office was retained on February 22, 2016 and we filed the Prevailing Wage Determination immediately.
We filed the I-140 application on June 24, 2016 via premium processing. We included the 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 nurse practitioners must fall under the Schedule A designation.
However, on July 7, 2016, the USCIS issued Request for Evidence (RFE) for her I-140 case. The USCIS requested our client’s employer to explain its multiple locations and our client’s potential place of employment. We filed the Response to RFE on August 11, 2016. Eventually, on August 24, 2016, the USCIS Nebraska Service Center approved her EB-2 I-140 petition.
Once the I-140 petition was approved, our client retained our office again for her I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on October 3, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.
However, on April 10, 2017, the USCIS issued a Request for Evidence (RFE) and requested our client to I-485 Supplement J document. Our office prepared and filed the Response to RFE along with Supplement J document to USCIS on May 10, 2017.
Eventually, on June 1, 2017, the USCIS Nebraska Service Center approved our client’s adjustment of status application. Now, she finally is a green card holder.