CASE: I-140 (EB-3 Category) / Schedule A 

EMPLOYER: Hospital

BENEFICIARY: Filipino Registered Nurse

Our client’s beneficiary is a registered nurse from the Philippines who is currently working in the UAE. His prospective U.S. employer was willing to petition him for a third-preference employment immigrant visa petition (I-140). 

Since he is a registered nurse, he 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 Bachelor’s of Nursing degree and has passed NCLEX exam. Our firm told him that his employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on May 4, 2020, and started on his Prevailing Wage Request.

We filed the I-140 application on November 5, 2020 via premium processing service. We included the job offer letter, the notice of filing, and other necessary supporting documents.

Eventually, on November 17, 2020, the I-140 was approved. 

Once his I-140 was approved, our client retained our office again for his immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on December 18, 2020, who in turn forwarded the client’s materials to the U.S. Embassy in Abu Dhabi, UAE. An interview notice was set for the client at the U.S. Embassy in UAE. On January 20, 2022, our client appeared at the U.S. Embassy in Abu Dhabi, UAE. Eventually, on March 16, 2022, the Embassy approved and issued his immigrant visa. 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.

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CASE: I-140 (EB-3)

EMPLOYER: Online IT Service Petitioner 

BENEFICIARY: Kyrgyz Network and Computer Systems Administrator in Chicago, IL

Our client has a prospective employer that was willing to file and I-140 for her.  Our client has a Bachelor’s degree in Computer Science and worked for IT consulting companies in the past. Based on our client’s education work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, the job order was filed on April 9, 2021.  On July 16, 2021, we filed PERM. On January 5, 2022, the PERM Labor Certification was approved without the audit. 

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s most recent tax return copy, and other necessary supporting documents.

The I-140 Petition was filed on February 24, 2022 via regular processing service. On March 10, 2022, we filed the I-907 premium processing upgrade request. Eventually, on March 21, 2022, the I-140 EB3 Petition for our Kyrgyz client was approved without any Request for Evidence (RFE). 

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CASE: I-140 (EB-3 Category) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse in the UAE

LOCATION: Houston, TX

Our client is Filipina registered nurse who currently works in the UAE. Her prospective employer was willing to petition her for a third-preference employment immigrant visa petition (I-140) as a registered nurse. 

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 a Texas Registered Nurse License. Our firm told her that her prospective employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on June 10, 2021 and we started on her Prevailing Wage Request. Her PW request was filed on June 16, 2021. 

We filed the I-140 application on February 10, 2022 via premium processing. We included the job offer letter, the notice of filing, financial ability to pay letter, and other necessary supporting documents. Eventually, on February 24, 2022, our client’s I-140 petition was approved without any Request for Evidence (RFE). Now, our client can file an immigrant visa application based on the approved I-140 petition.

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CASE: Immigrant Visa / I-140 (EB-3 Category) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipina Registered Nurse in the Philippines

LOCATION: Houston, TX

Our client is  Filipina registered nurse who currently works in the Philippines. Her prospective employer was willing to petition for a third-preference employment immigrant 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 Texas Registered Nursing License. Our firm told her that her prospective employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on April 15, 2019 and we started on her Prevailing Wage Request. We filed the I-140 application on August 8, 2019 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. Without any issuance of Request for Evidence (RFE), on August 17, 2019, the I-140 was approved. 

Once her I-140 was approved, our client retained our office again for her immigrant visa processing. Once we were retained, our office filed the immigrant visa packets to the National Visa Center on January 26, 2021, 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 Manila. On February 17, 2022, our client appeared at the U.S. Embassy in Manila, Philippines. The interview went well, and the Embassy approved and issued her immigrant visa. With the approved Immigrant Visa, our client can come to the United States immediately, and she will get her green card within two months of entry.

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CASE: I-140 (EB-3)

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Science Teacher

LOCATION: McIntosh, SD

Our client has a current employer that was willing to petition for a third-preference I-140.  Our client has a Bachelor’s degree in Chemistry, a valid South Dakota Teaching license, and has worked for her current employer since August 2016. Based on our client’s education and work background, our office determined that she is clearly eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in February 2020.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on May 21, 2020.  On September 1, 2020, we filed PERM. On April 19, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. 

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employee’s W-2 copy, and other necessary supporting documents.

The I-140 Petition was filed on May 11, 2021 via regular processing service. On February 12, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE). 

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CASE: I-140 (EB-3)

EMPLOYER: Public School District

BENEFICIARY: Filipina High School General Science Teacher

LOCATION: Casa Grande, AZ

Our client has an employer that as willing to do an I-140 Petition. Our client has a Bachelor’s degree in Geology, a valid Arizona Teaching license, and has worked for her current employer since August 2016. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  We were retained in April 2020.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on August 19, 2020.  On December 4, 2020, we promptly filed PERM. Eventually, on August 18, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. 

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employee’s W-2 copy, and other necessary supporting documents.

The I-140 Petition was filed on August 31, 2021 via regular processing service. Eventually, on February 8, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).

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CASE: I-140 (EB-3)

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Math Teacher

LOCATION: Casa Grande, AZ

Our client has a current employer that was willing to petition for a third-preference I-140.  Our client has a Bachelor’s degree in Education, a valid Arizona Teaching license, and has worked for her current employer since August 2015. Based on our client’s education and credentials, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client retained us in September 2019.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could only be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on February 6, 2020.  On April 13, 2020, we filed PERM. 

On September 24, 2020, the Department of Labor issued an audit request. The DOL requested documents from the Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on October 16, 2020. Eventually, on March 22, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary.

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employee’s W-2 copy, and other necessary supporting documents.

The I-140 Petition was filed on April 6, 2021 via regular processing service. Eventually, on January 27, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).

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CASE: I-140 (EB-3)

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Math Teacher

LOCATION: Casa Grande, AZ

Our client has a current employer that was willing to petition for a third-preference I-140.  Our client has a Bachelor’s degree in Education, a valid Arizona Teaching license, and has worked for her current employer since August 2015. Based on her education and credentials, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client retained us in September 2019.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could only be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on February 10, 2020.  On April 20, 2020, we promptly filed PERM. 

On September 24, 2020, the Department of Labor issued a request for audit. The DOL requested documents from the Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on October 16, 2020. Eventually, on March 22, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary.

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employee’s W-2 copy, and other necessary supporting documents.

The I-140 Petition was filed on April 9, 2021 via regular processing. On January 27, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE). 

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CASE: I-140 (EB-3)

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Physical Science Teacher

LOCATION: Casa Grande, AZ

Our client has a current employer that was willing to petition for a third-preference I-140.  Our client has a Bachelor’s degree in Education, a valid Arizona Teaching license, and has worked for her current employer since September 2015. Based on her education and credentials, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client retained us in September 2019.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could only be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on February 7, 2020.  On April 16, 2020, we filed PERM. 

On September 24, 2020, the Department of Labor issued a request for audit. The DOL requested documents from the Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on October 20, 2020.  On March 22, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary.

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employee’s W-2 copy, and other necessary supporting documents.

The I-140 Petition was filed on April 9, 2021 via regular processing. On January 27, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).

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CASE: I-140 (EB-3)

EMPLOYER: Public School District

BENEFICIARY: Filipino High School Physics Teacher

LOCATION: Casa Grande, AZ

Our client has a current employer that was willing to petition for him (I-140).  Our client has a Bachelor’s degree in Physics for Teachers, a valid Arizona Teaching license, and has worked for his current employer since August 2016. Based on his education and credentials, our office determined that he is eligible for EB-3 classification for his I-140 petition.  Our client retained us in April 2020.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could only be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on August 13, 2020.  On November 9, 2020, we promptly filed PERM. 

On June 3, 2021, the Department of Labor issued an audit request. The DOL requested documents from the Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on June 14, 2021.  Eventually, on September 21, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipino beneficiary. 

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employee’s W-2 copy, and other necessary supporting documents.

The I-140 Petition was filed on October 22, 2021 via regular processing. On January 20, 2022, the I-140 EB3 Petition for our Filipino client was approved without any Request for Evidence (RFE). 

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