CASE: I-140 (EB-3 Category) / Schedule A / Old Priority Date Retention
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, New Mexico and New York. He came to the United States in June 2014, and his prospective employer was willing to petition him for a third-preference employment immigrant visa petition (I-140). Our client also has an approved EB-3 I-140 petition with a priority date of August 2008.

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.

Also, under 8 CFR 204.5(e):

“Retention of section 203(b)(1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.”

As mentioned above, our client’s approved I-140 petition was not denied, was actually approved, and was never revoked at any point. Thus, by virtue of 8 CFR 204.5(e), this succeeding I-140 Petition by our client’s prospective employer for our client is entitled to the previous priority date.

Our client has a nursing degree and has more than 6 years related experience. Our firm told him that his potential employer can petition him as a Registered Nurse under the schedule A category. Our office was retained on July 9, 2014 and started on his Prevailing Wage Request.

We filed the I-140 application on August 28, 2014 via premium processing. We included the job offer letter, the notice of filing, her previous I-140 approval notice, and other necessary supporting documents.  Eventually, on September 4, 2014, the I-140 was approved and it retained our client’s old priority date.  Now, our client can file an I-485 adjustment of status application based on the approved I-140 petition since his priority date is current.

{ 0 comments }

CASE: I-140 (EB-3 Category) / Schedule A
EMPLOYER: Nursing / Rehabilitation Center
BENEFICIARY: Filipina
LOCATION: Des Plaines

Our client is a registered nurse, who is currently working at a large nursing and rehabilitation facility in Des Plaines, Illinois. Her employer was willing to petition her for a third-preference employment immigrant visa petition (I-140). Since she was a registered nurse, 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 Professional Nurses is included in Schedule A.

Our client has a nursing degree and has more than 4 years related experience. Our office was retained on January 31, 2012 and we started on the Prevailing Wage Determination filing and other related matters.

We filed the I-140 application on March 29, 2012 via regular processing. We included the job offer letter, employment verification letters from our client’s previous employers, the notice of filing, her H-1B status approval notices, and other necessary supporting documents.  On May 5, 2012, upon our client’s request, we upgraded her processing to premium processing by filing an I-907 application with the required fees. However, the Nebraska Service Center issued Notice of Intent to Deny on May 17, 2012. The USCIS NSC argued about Petitioner’s normal recruiting procedures.  On May 23, 2012, our office filed a Response to Notice of Intent to Deny and argued that Petitioner has no in-house media and their normal procedures do not include the use of in-house media for the recruitment of similar positions. Also, Petitioner did place the notice of filing in accordance with the regulations and that was submitted at the I-140 filing.  On May 30, 2012, the I-140 was approved. Now, our client can file I-485 adjustment
of status application based on the approved I-140 petition when her priority date becomes current. She also will be eligible for a 3-year extension of her H-1B even if she is on her 6th year on H-1B.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other EB-3 I-140 success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

{ 0 comments }

CASE: I-140 (EB-3 Category) / Schedule A
EMPLOYER: Hospital
BENEFICIARY: Canadian
LOCATION: New York, NY

Our client is a registered nurse, who is currently working at a large hospital in New York City. Her employer was willing to petition her for a third-preference employment immigrant visa petition (I-140). Since she was a registered nurse, 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 Professional Nurses is included on Schedule A.

Our client has a nursing degree and has more than 5 years related experience. Her employer filed an I-140 petition for her before; however, it was denied due to the prevailing wage issue.  After talking to our client, our firm concluded that her potential employer can petition her again as a Registered Nurse under the schedule A category.

We filed the 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, the notice of filing, her TN status approval notices, and other necessary supporting documents. On May 14, 2012, the I-140 was approved.  Now, our client can file I-485 adjustment of status application based on the approved I-140 petition when her priority date becomes current.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

For other employment-based immigration success stories, please click here.

For other success stories, please click here.

Also feel free to contact our office anytime for free consultations.

{ 0 comments }