CASE: I-485 Adjustment of Status Based on Approved I-140 (EB-3 Category) / Schedule A
APPLICANT: Canadian Registered Nurse
LOCATION: New York, NY
Our client is a registered nurse who is currently working at a large hospital in New York City, NY. The company was willing to petition her for a third-preference employment immigrant visa petition (I-140). Our client was eligible for “Schedule A” classification for her I-140 petition. The Department of Labor (DOL) maintains a schedule of occupations in its regulations 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 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 application 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 more than 5 years of related experience. Her employer filed the I-140 petition for her before; however, it was denied due to a prevailing wage issue. After talking to our client, our firm concluded that her potential employer can petition her again as a Registered Nurse under schedule A category.
Once we were retained in March of 2011, we proceeded with the I-140 Petition filing. We filed I-140 application on September 9, 2011 via regular processing. We included the job offer letter, employment verification letters from our client’s previous employers, her TN status approval notices, and other necessary supporting documents. On February 29, 2012, the USCIS Texas Service Center issued a Request for Evidence regarding the “ability to pay” issue. One of the main requirements for the I-140 is that the petitioning company must show that it has the ability to pay the proffered wage for the beneficiary’s position. In response to the RFE, we attached a letter from the petitioner’s financial officer which establishes the petitioner’s ability to pay the proffered wage. We filed the RFE response on May 3, 2012. On May 14, 2012, the I-140 was finally approved.
She retained our office again for her I-485 adjustment of status application. We prepared and filed her adjustment of status application along with supporting documents to the USCIS on January 20, 2016 once her priority date became current.
Eventually, our client’s adjustment application was approved by the USCIS on August 1, 2016. After a long wait, our client is finally a green card holder.