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.