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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipino Registered Nurse in the Philippines

LOCATION: Manila, Philippines

Our client is a Filipino registered nurse who currently works in the Philippines. His prospective employer was willing to petition him for a third-preference I-140 as a registered nurse. 

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 nursing degree and has a Texas Registered Nurse License. Our firm told him that his prospective employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on February 18, 2019 and we started on his Prevailing Wage Request.

We filed the I-140 application on June 19, 2019 via regular processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. On January 22, 2020, the USCIS Texas Service Center issued a Request for Evidence and asked our client to submit documents to show its “ability to pay” the proffered wage for this beneficiary. Our office filed the Response to RFE on February 3, 2020. Eventually, on February 19, 2020, our client’s I-140 petition 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 14, 2020, 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 June 27, 2022, our client appeared at the U.S. Embassy. The interview went well, and 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-2 Category) / Schedule A / Premium Processing

EMPLOYER: Physician’s Office

BENEFICIARY: Taiwanese Nurse Practitioner

LOCATION: New York, NY

Our client is a certified nurse practitioner. Her prospective employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a certified nurse practitioner, 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 a Bachelors and Masters degree in nursing and is a certified Nurse Practitioner. Our office was retained on August 27, 2021 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on March 15, 2022 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, the USCIS issued a Request for Evidence (RFE) for our client’s notice of job filing. Our office filed a response to RFE on March 31, 2022.  Eventually, on April 12, 2022, the USCIS Nebraska Service Center approved her EB-2 I-140 petition. Since the priority date for Taiwanese nationals are current for the EB-2 category, she is eligible to file her adjustment of status application now.

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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, 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.  Eventually, on October 14, 2020, the USCIS Texas Service Center approved her EB-2 I-140 petition without a Request for Evidence (RFE). 

Our client retained us again for her adjustment of status application. However, our office was informed that our client’s OPT was expired and she had continuously worked for her employer without the DHS’ authorization. Thus, she worked without authorization and overstayed her visa status. 

Section 245(k) of the Immigration and Nationality Act can render the normal bars to adjustment of status found in section 245(c)(2), (c)(7), and (c)(8) inapplicable to certain employment-based adjustment of status applicants who, since their last lawful admission to the United States have not, for an aggregate period of more than 180 days: 

1. Failed to maintain, continuously, a lawful status; 
2. Engaged in unauthorized employment; or 
3. Otherwise violated the terms and conditions of his or her admission

INA §245(k). 

An eligible derivative of an alien may benefit from section 245(k) in his or her own right if he or she has failed to maintain continuously a lawful status, worked without authorization, or otherwise violated the terms and conditions of his or her admission for an aggregate of 180 days or less pursuant to a lawful admission. 

(See page 2, Neufeld Memorandum July 14, 2008, “Applicability of section 245(k) to Certain Employment-Based Adjustment of Status Applications filed under Section 245(a). 

Our client has not accrued over 180 days of “failure to maintain lawful status” nor over 180 days of “unauthorized employment”, and as such, she was still eligible to adjust status based on the I-485 filing through INA 245(k).

As mentioned above, our office filed an I-485 adjustment of status application for our client on December 22, 2020. Our office also submitted a detailed cover brief and explained why our client is still eligible for the adjustment of status through the INA 245K subsection despite her overstay and unauthorized employment.  Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on November 1, 2021, her adjustment of status application was approved by the USCIS without an interview. 

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CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Physician’s Office

BENEFICIARY: Taiwanese Nurse Practitioner

LOCATION: Brooklyn, NY

Our client is a certified nurse practitioner. Her prospective employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a certified nurse practitioner, 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 a Bachelors and Masters degree in nursing and is a certified Nurse Practitioner. Our office was retained and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on March 9, 2021 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. On April 8, 2021, the USCIS Nebraska Service Center approved her EB-2 I-140 petition. Since the priority date for Taiwanese nationals is current for the EB-2 category, she is eligible to file her adjustment of status application now.

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CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Physician’s Office

BENEFICIARY: Nepalese Nurse Practitioner

LOCATION: Bridgeport, CT

Our client is a certified nurse practitioner. Her prospective employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a certified nurse practitioner, she was eligible for EB2 and “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 and we filed the Prevailing Wage Determination.

We filed the I-140 application on March 4, 2021 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.  On March 17, 2021, without any Request for Evidence (RFE), the USCIS Nebraska Service Center approved her EB-2 I-140 petition. Since the priority date for Nepalese nationals is current for the EB-2 category, she is eligible to file her adjustment of status application now.

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CASE: I-485 Adjustment of Status

EMPLOYER: Physicians’ Office

BENEFICIARY: Canadian Nurse Practitioner

LOCATION: St. Louis, MO

Our client is a certified nurse practitioner. Her prospective employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she is a certified 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 August 12, 2019 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on January 28, 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.  On February 5, 2020, the USCIS Nebraska Service Center issued a Request for Evidence and requested the Petitioner to submit its business existence documents such as IRS FEIN issuance letter, articles of incorporation, and business license. Our office filed the Response to RFE on February 13, 2020. On February 25, 2020, 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 and her husband’s I-485 adjustment of status applications. Our office filed the I-485 adjustment of status applications on May 25, 2020. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Eventually, on November 6, 2020, the USCIS Nebraska Service Center approved our clients’ adjustment of status applications without an interview. They are now green card holders.

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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.

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CASE: I-140 (EB-2 Category) / Schedule A / Premium Processing

EMPLOYER: Physicians’ Office

BENEFICIARY: Canadian Nurse Practitioner

LOCATION: St. Louis, MO

Our client is a certified nurse practitioner. Her prospective employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she is a certified 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 August 12, 2019 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on January 28, 2020 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 February 5, 2020, the USCIS Nebraska Service Center issued Request for Evidence and requested the Petitioner to submit its business existence documents such as IRS FEIN issuance letter, articles of incorporation, and business license. Our office filed Response to RFE to the USCIS along with supporting documents on February 13, 2020. Eventually, on February 25, 2020, the USCIS Nebraska Service Center approved her EB-2 I-140 petition. Since the priority date for Canadian national is current for the EB-2 category, she is eligible to file her adjustment of status application now.

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CASE: I-485 based on Approved I-140 (EB-2)

 APPLICANT: Chinese

 LOCATION: Garden City, NY

Our client is a certified nurse practitioner from China, who is currently working at a dermatology clinic which was willing to petition her for a second-preference petition (I-140).  Our client has a Master’s Degree in Nursing and has worked for this clinic since 2013. She has maintained her status as an H-1B visa holder in the United States. She had an approved I-140 petition which was filed by her current employer and this I-140 petition’s priority date was May 5, 2015.

In June 2019, she contacted our office and retained us for her and her immediate family members’ I-485 adjustment of status applications. Our office filed an I-485 adjustment of status applications for our clients on July 19, 2019. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference call as well. On December 16, 2019, our clients were interviewed at Holtsville New York USCIS office. Eventually, on December 17, 2019, her and her family members’ green card applications were approved.

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CASE: I-485 Adjustment of Status based on Approved EB-2 Schedule A I-140

EMPLOYER: Outpatient Mental Health Center

BENEFICIARY: Korean Nurse Practitioner

LOCATION: Orem, Utah

Our client is a certified mental health nurse practitioner. His current employer was willing to petition him for a second-preference employment immigrant visa petition (I-140). Since he is a certified mental health nurse practitioner, 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 a Ph.D. degree in nursing and is a certified Nurse Practitioner. Our office was retained on August 9, 2018, and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on January 18, 2019 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.  Eventually, on January 30, 2019, the USCIS Nebraska Service Center approved his EB-2 I-140 petition. 

Once his I-140 petition was approved, he retained our office again and determined to file an adjustment of status application for him and his wife. On February 26, 2019, our office filed an I-485 adjustment of status application for our client and his wife. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client via conference calls as well. On September 16, 2019, our client was interviewed at Salt Lake City Utah USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients. Though their interview went well, the visa numbers were not available for their cases in September of 2019. Nevertheless, on November 13, 2019, their I-485 applications were approved by the USCIS. 

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