CASE: I-485 adjustment of status based on approved I-140 (EB-2 Category) / Schedule A
EMPLOYER: Nursing Care Facility
Our client is from the Philippines and 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 mental health program nurse manager, 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 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 Mental Health Program Nurse Manager should be included in Schedule A.
Our client has a Bachelor’s degree in nursing and a Master’s degree in psychology. She also has a registered nursing license in the state of Michigan. Our office was retained on July 25, 2014 and we started on the Prevailing Wage Determination filing and other related matters.
After the prevailing wage was determined, we filed the I-140 application on September 24, 2014 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 mental health program nurse managers must fall under Schedule A designation and Eb-2 classification.
On October 1, 2014, without any Request for Evidence (RFE), the USCIS Nebraska Service Center approved her EB-2 I-140 petition. Once the I-140 petition was approved, our client retained our office again for her I-485 adjustment of status application. Our office filed an I-485 adjustment of status application for our client on October 7, 2014. Everything went smoothly and the receipt notices and fingerprint appointment came on time.
Eventually, on May 27, 2015, the USCIS Nebraska Service Center approved our client’s adjustment of status application. Now, she finally is a green card holder.