CASE: 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 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 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 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. Now, our client can file an immigrant visa application based on the approved I-140 petition when her priority dates become current.

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CASE: I-140 (Skilled Worker) / Schedule A

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Nepalese

LOCATION: Houston, TX

Our client’s beneficiary is a registered nurse from Nepal and licensed in the state of Texas. She came to the United States on a valid visa and she is currently working in the United States with her TPS (Temporary Protected Status).  Her current employer was willing to petition her 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 an Associate of nursing degree and has worked for the sponsor-employer. Our firm told her that her employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on June 15, 2016 and started on her Prevailing Wage Request.

We filed the I-140 application on January 14, 2019 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. However, on January 23, 2019, the USCIS issued Request for Evidence and asked our client to submit the copy of petitioner’s most recent tax return. Our office filed the response to USCIS on January 25, 2019.  Eventually, on February 7, 2019, the I-140 was approved.

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Nepalese

LOCATION: Lincoln, NE

Our client is a registered nurse from Nepal licensed in the state of Nebraska. She came to the United States and currently works in the United States on her TPS status.  Her current employer was willing to petition her 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 her that her employer can petition her as a Registered Nurse under the schedule A category. Our office was retained on April 12, 2018 and started on her Prevailing Wage Request.

We filed the I-140 application on July 31, 2018 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents.  However, the USCIS issued Request for Evidence on August 8, 2018 and requested our client to submit the Petitioner’s financial record to show ability to pay the proffered wage for our client. We filed the Response to RFE on August 21, 2018 and eventually, on September 1, 2018, the I-140 was approved.

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CASE: I-485 based on Approved I-140 (EB-3)

APPLICANT: Filipino

LOCATION: Newark, NJ

Our client came from the Philippines with a B-2 visitor’s visa in January 2017. He is a registered nurse in the Philippines and has an approved EB-3 I-140 petition from his prospective employer with a 2008 priority date.  While he was staying in the United States as a visitor, his priority date became current. He contacted our office to determine whether he can file his adjustment of status.

He retained us for his I-485 adjustment of status application on April 6, 2017. Our office filed an I-485 adjustment of status application for our client on April 13, 2017. 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 May 22, 2018, our client was interviewed at Newark, NJ USCIS office. Eventually, on June 18, 2018, his green card application was approved.

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CASE: I-485 Adjustment of Status / I-140 (EB-3 Category) / Schedule A

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Nigerian

LOCATION: Spokane, WA

Our client’s beneficiary is a registered nurse from Nigeria licensed in the state of Washington. She came to the United States and currently pursues his Ph.D. degree in nursing in the United States.  His prospective employer was willing to petition him for a third-preference employment immigrant visa petition (I-140).

Since he is a registered nurse, he 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 Professional Nurses is included in Schedule A.

Our client has a nursing degree and has a valid state RN 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 January 10, 2017 and started on his Prevailing Wage Request.

We filed the I-140 application on May 19, 2017 via premium processing. We included the job offer letter, the notice of filing, and other necessary supporting documents.  Eventually, on May 30, 2017, the I-140 was approved without any Request for Evidence (RFE).

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 immediate family members. On July 10, 2017, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time. 

Prior to the interview, we thoroughly prepared our client at via conference calls as well. On April 25, 2018, our client was interviewed at Spokane Washington USCIS office. Eventually, on April 26, 2018, his and his family members’ green card applications were approved.

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CASE: I-485 Adjustment of Status / I-140 (EB-3 Category) / Schedule A

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipino

LOCATION: Houston, TX

Our client’s beneficiary is a registered nurse from the Philippines licensed in the state of Texas. He came to the United States on an F-1. His prospective employer was willing to petition him for a third-preference employment immigrant visa petition (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 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 March 12, 2015 and started on his Prevailing Wage Request.

We filed the I-140 application on June 3, 2015 via regular 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 October 7, 2015, the I-140 was approved.

Once his I-140 petition was approved, he retained our office again and determined to file an adjustment of status application for him. On September 12, 2017, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client at via conference calls as well. On April 2, 2018, our client was interviewed at Houston Texas USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on April 4, 2018, his green card application was approved.

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CASE: I-140 (Derivative Beneficiary) and Adjustment of Status

CLIENT: Filipina

LOCATION: Houston, TX

Our client retained us for her green card application. Our client was born and raised in the Philippines. Her husband became a beneficiary of the approved EB-2 I-140 petition from his employer and got his green card in January 2016. She could have been a derivative applicant at the time of her husband’s green card filing, but she was not in the United States at that time. Nevertheless, we explained to our client that we can do I-824 and consular processing for her when she wants to permanently move to the United States.

In February 2016, her husband contacted our office to do an I-824 follow-to-join application to the USCIS so that our client can file an immigrant visa and come as a derivative beneficiary of the I-140 petition. He retained our office on February 26, 2016, to help bring our client to the States.

After we were retained, our office filed an I-824 follow-to-join application to the USCIS on March 8, 2016.  After the I-824 was filed, everything went smoothly and the receipt notice came on time. The I-824 application was approved by the USCIS on August 22, 2016, and this case was transferred to the National Visa Center.

Nevertheless, in January 2017, our client visited the United States with her B-2 visitor’s visa. Once she came to the United States, she asked our office whether she can file adjustment of status application (instead of filing immigrant visa in the Philippines) in the United States. She retained our office for her adjustment of status process.

Once retained, our firm prepared and filed the Adjustment of Status Application on March 17, 2017, for our client.  Everything went smoothly and the receipt notices, fingerprint appointment, and a work permit all came on time. In December 2017, the USCIS schedule our client’s adjustment of status interview at Houston USCIS Field Office.

Prior to the interview, we thoroughly prepared our client through conference calls.  On January 22, 2018, our client was interviewed at the Houston USCIS Field office in Texas.  Eventually, on February 26, 2018, her green card application was approved.

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CASE: I-485 Adjustment of Status / I-140 (EB-2 Category) / Schedule A

EMPLOYER: Nursing Care Facility

BENEFICIARY: Filipina

LOCATION: Houston, TX

Our client is in the United States on an H-4 visa. Her prospective employer-sponsor was willing to petition her for a second-preference employment immigrant visa petition (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 go 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 5 years of experience as a staff nurse. She also has a registered nursing license in the state of Texas. Our office was retained and we started on the Prevailing Wage Determination filing and other related matters.

Once the prevailing wage was determined, we filed the I-140 application on February 22, 2017 via premium processing. We included a 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. Eventually, on March 8, 2017, the USCIS Texas Service Center approved her EB-2 I-140 petition.

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her and her husband. On April 5, 2017, our office filed an I-485 adjustment of status application for our client. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

Prior to the interview, we thoroughly prepared our client at via conference calls as well. On January 24, 2018, our client was interviewed at Houston Texas USCIS office. Attorney Sung Hee (Glen) Yu from our office also accompanied our clients as well. Eventually, on January 25, 2018, her green card application was approved. Her husband’s green card was approved as well.

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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.

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CASE: I-485 Adjustment of Status based on Approved I-140 (EB-3 Category) / Schedule A

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Filipino

LOCATION: Houston, TX

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 works in the United States on his H-1B status.  His current 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 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 April 10, 2014 and started on his Prevailing Wage Request.

We filed the I-140 application on June 25, 2014 via regular processing. We included the job offer letter, the notice of filing, and other necessary supporting documents.  However, on February 26, 2015, the USCIS Texas Service Center issued the Request for Evidence (RFE). According to the RFE, the USCIS requested our client to submit his valid Texas nursing license certificate. Our office filed the Response to RFE with our client’s Texas nursing license certificate on April 1, 2015. Eventually, on April 18, 2015, the I-140 was approved.

Then, we proceeded with our client’s I-485 adjustment of status application. We prepared and file our client’s adjustment of status application along with supporting documents to USCIS on April 27, 2015.

However, the priority date of Eb-3 category for the Philippines national backlogged. Our client had to wait until the priority date becomes current. In March 2017, his priority date becomes current. Eventually, our client’s adjustment application was approved by the USCIS on September 1, 2017.  After a long wait, our client is finally a green card holder.

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