CASE: I-140 (EB-3 Category) / Schedule A
EMPLOYER: Nursing / Rehabilitation Center
BENEFICIARY: Filipino Registered Nurse in the Philippines
LOCATION: Houston, TX
Our client is a Filipino registered nurse who currently works in the Philippines. 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 Texas Registered Nursing 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 February 18, 2019, and started on his Prevailing Wage Request.
We filed the I-140 application on June 19, 2019 via regular processing. We included the job offer letter, the notice of filing, and other necessary supporting documents. However, on January 22, 2020, the USCIS Texas Service Center issued Request for Evidence and requested our client to submit documents to show its “ability to pay” the proffered wage for this beneficiary. Our office filed Response to RFE on February 3, 2020.
Eventually, on February 19, 2020, our client’s I-140 petition was approved. Now, our client can file an immigrant visa application based on the approved I-140 petition when his priority dates become current.