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: PERM Labor Certification

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 an I-140 petition for.  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 and 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. 

Eventually, on January 5, 2022, the PERM Labor Certification was approved without an audit. Our client can file the I-140 petition at any time.

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CASE: I-485 Adjustment of Status / I-140 (Skilled Worker) / Schedule A 

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Kyrgyz

LOCATION: Rockford, IL

Our client’s beneficiary is a registered nurse from Kyrgyzstan and licensed in the state of Illinois. She came to the United States on a F-1 student’s visa.  Her prospective 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 2 years of work experience as a Registered Nurse. 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 November 3, 2020 and we started on her Prevailing Wage Request.

We filed the I-140 application on June 16, 2021 via premium processing. We included the job offer letter, the notice of filing, employer’s financial ability to pay letter, and other necessary supporting documents. Eventually, on June 28, 2021, the I-140 was approved without any Request for Evidence (RFE). 

Once her I-140 petition was approved, she retained our office again and determined to file an adjustment of status application for her. On July 16, 2021, 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.

However, on September 16, 2021, the USCIS issued a Request for Evidence (RFE) and requested our client to submit evidence of her status maintenance in the United States. Our office filed the RFE response on September 21, 2021.  Eventually, on September 28, 2021, her green card application was approved. Her adjustment of status application was approved less than 3 months from the filing date.

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

EMPLOYER: Nursing / Rehabilitation Center

BENEFICIARY: Kyrgyz

LOCATION: Rockford, IL

Our client’s beneficiary is a registered nurse from Kyrgyzstan and licensed in the state of Illinois. She came to the United States on a F-1 student’s visa.  Her prospective 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 2 years of work experience as a Registered Nurse. 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 November 3, 2020 and started on her Prevailing Wage Request.

We filed the I-140 application on June 16, 2021 via premium processing. We included the job offer letter, the notice of filing, employer’s financial ability to pay letter, and other necessary supporting documents. Eventually, on June 28, 2021, the I-140 was approved without any Request for Evidence (RFE).

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

APPLICANT: Kyrgyz

LOCATION: Chicago, IL

Our client is a registered nurse from Kyrgyzstan, who is currently working at a Nursing Care Facility who was willing to petition her for a third-preference petition (I-140).  She has maintained her status as an F-1 and F-2 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 June 10, 2016.

In September 2016, she contacted our office and retained us for her and her husband’s I-485 adjustment of status applications. Our office filed an I-485 adjustment of status application for our client and her husband on October 3, 2016. Everything went smoothly and the receipt notices and fingerprint appointment came on time.

However, on December 14, 2016, the USCIS issued Request for Evidence for our client and her husband’s adjustment of status application. The USCIS requested our clients to submit more evidence to demonstrate their lawful maintenance in the United States after their last admission to the U.S.  Our office prepared and filed the Response to RFE to USCIS on February 20, 2017 along with documentary evidence that our clients provided.

Eventually, on March 8, 2017, the USCIS Nebraska Service Center approved our client’s and her husband’s adjustment of status applications. They are now green card holders.

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

EMPLOYER: Physician’s Office

BENEFICIARY: Kyrgyz

LOCATION: Delaware

Our client is a family nurse practitioner who is from Kyrgyzstan. Her current employer was willing to petition her for a second-preference employment immigrant visa petition (I-140). Since she was a family 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 Bachelor’s and Master’s degrees in nursing and is a certified Nurse Practitioner. Our office was retained on August 18, 2015 and we filed the Prevailing Wage Determination immediately.

We filed the I-140 application on February 1, 2016 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 12, 2016, the USCIS issued Request for Evidence (RFE) and asked for our client’s recent W-2. Our office filed the Response to RFE on February 23, 2016. Eventually, on March 2, 2016, the USCIS approved her EB-2 I-140 petition. Since the priority date for Kyrgyzstan nationals are current for the EB-2 category, she is eligible to file her adjustment of status application now.

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