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.

{ 0 comments }

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). 

{ 0 comments }

CASE: Immigrant Visa (Consular Processing)

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipina Nurse Manager in Manila Philippines

Our client is a nurse manager in the Philippines. Her prospective employer-sponsor as willing to petition for a second-preference I-140. Since she has a registered nurse license and the proffered position for her is a nurse manager at the nursing care facility, the petitioner wanted to try going for a “Schedule A” classification. They also wanted to do EB2 (requiring at least a Masters degree or Bachelors degree + 5 yrs experience).

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 having to file a Labor Certification with the Department of Labor. 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. We argued that the position of Health Services Manager should be classified under Schedule A. We argued that it falls under the broad spectrum of “professional nurse” occupations. We also argued that the job description has excerpts that fall under “professional nurse” and that the description justifies the requirements also of Bachelor’s degree in nursing and five years of related experiences. 

Our client has a Bachelor’s degree in nursing and has more than five years of experience as a staff nusre. She also has a registered nursing license in the state of Texas. Our office was retained and we started the Prevailing Wage Determination filing. 

Once the prevailing wage was determined, we filed the I-140 application on June 6, 2018 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 the nurse manager position falls under a Schedule A and EB2 designation.

However, on June 18, 2018, the USCIS issued a Request for Evidence (RFE). The USCIS argued that they cannot approve her I-140 petition because the proffered position, Nurse Manager, does not fall under Schedule A designation and it is not an EB-2 classified position. In our response brief, we cited the AAO decision and argued that positions other than “registered nurses” can fall under the definition of professional nurses, and thus fall under the Schedule A designation as well. The position of Nurse Manager for Petitioner, considering its job description, is a “position other than registered nurses that still falls within the definition of a professional nurse.” As to EB-2 classification argument, our office argued that the proffered position has the supervisory role and the complexity of job duties justify the EB-2 designation and the required 5 years experiences under the ONET Job Zone and the Department of Labor’s level. With this detailed response brief and other supporting documents, our office filed the Response to RFE to USCIS Texas Service Center on July 27, 2018.  Eventually, on August 10, 2018, the USCIS Texas Service Center approved her EB-2 I-140 petition. 

Once her I-140 was approved, our client retained our office again for her immigrant visa processing. Our office filed the immigrant visa packets to the National Visa Center on November 8, 2019, 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 January 21, 2021, our client appeared at the U.S. Embassy in Manila, Philippines. However, the Embassy refused the visa and requested our client to update her DS-260 and obtain the job offer confirmation letter from her prospective employer. Our client submitted all of the requested documents to the Embassy. On February 11, 2022, 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.

{ 0 comments }

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).

{ 0 comments }

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).

{ 0 comments }

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). 

{ 0 comments }

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).

{ 0 comments }

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

 APPLICANT: Korean

 LOCATION: Erie, PA

Our client is an assistant professor from South Korea, who is currently teaching at a state university willing to do an I-140 Petition for her. Our client has a Ph.D. degree and has worked for this school since January 2021. 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 February 26, 2021.

In September 2021, she contacted our office and retained us for her I-485 adjustment of status application. Our office filed the I-485 adjustment of status application on October 25, 2021. Everything went smoothly and the receipt notices and fingerprint appointment came on time. Eventually, on January 29, 2022, her green card application was approved without any RFE or interview.

{ 0 comments }

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). 

{ 0 comments }

CASE: H-1B Visa Petition

PETITIONER: School District in New Town, ND

BENEFICIARY: Filipina Elementary School Teacher

ISSUES: Cap-Exempt, Nonprofit Organization Affiliated with an Institution of Higher Education

Our client is a public school district affiliated with several institutions of higher education. They contacted our office in November 2021 to seek legal assistance from our office for their foreign employee. The beneficiary is an Elementary School Teacher from the Philippines who has been working for this employer for several years under J-1 status. The beneficiary’s J-1 program is not subject to the 2 year foreign residency requirement.  

The proffered position for the Beneficiary is an Elementary School Teacher. We showed that this is a “specialty occupation” because the minimum requirement for this position is a Bachelor’s Degree in Education or its equivalent.

In the first week of April, the numerical cap of H-1B visas for fiscal year 2022 was already reached. However, our client is qualified for cap-exempt petitions since it is a non-profit organization affiliated with an Institution of Higher Education as defined in 8 C.F.R. 214.2(h)(19)(iii)(B). 

Upon retention, our office filed the H-1B visa petition with various supporting documents on December 23, 2021 via premium processing. On January 13, 2022, the USCIS issued a Request for Evidence for our client’s petition. Our office filed the Response to RFE on the same day. Eventually, our client’s H-1B application was approved on January 25, 2022. She can now work for her employer for three years on an H-1B status.

{ 0 comments }