CASE: I-140 (EB-3 Category) / Schedule A
EMPLOYER: Nursing / Rehabilitation Center in Houston, TX
BENEFICIARY: Filipino Registered Nurse in the Philippines
LOCATION: Manila, Philippines
Our client’s beneficiary is a registered nurse from the Philippines licensed in the state of Texas. He came to the United States and currently studies in the United States on his F-1 status. His current employer was willing to petition him 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 a nursing degree and has worked for the sponsor-employer. Our firm told him that his employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on July 24, 2014 and started on his Prevailing Wage Request.
We filed the I-140 application on November 7, 2014 via regular processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. Eventually, on June 24, 2015, the I-140 was approved without any RFE.
Once his priority date became current, our client retained our office again for his immigrant visa processing. After his I-140 was approved, he went back to the Philippines and waited for his priority date becomes current. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on July 31, 2017, 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 Philippines. On December 7, 2017, our client appeared at the U.S. Embassy in Manila, Philippines. Eventually, the Immigrant Visa was issued for our client.
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.